C. SUBBA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner now retired from service, is before this court in a petition filed under Art. 226 of the Constitution for a direction to the respondents, in particular, to Accountant General in Karnataka, Bangalore, who is arrayed as 3rd respondent to properly and rightly fix the terminal benefits that he is entitled to after his retirement on completion of 58 years and also requests this court to quash the negative thinking of the respondent reflected in his orders dated 19.10.1988, 15.11.1988 and 21.6.1989, Annexures E.G. and H respectively, annexed to the writ petition docket.

(2.) The facts in nutshell are, petitioner retired from service on 31.7.1984 as Asst. Professor Civil Engineering from 4th respondent institution, which is a Government aided College, on attaining the age of superannuation, i.e. after completing 55 years of age. In view of the Circular No. ED 137 TGL 83 dated 10.11.1983 issued by Education Department circulated through its Director of Technical Education, Bangalore, the management of 4th respondent institution reappointed the petitioner w.e.f. 1st Aug., 1984 in the same post and on the same salary and allowances that he was drawing at the time of retirement from service subject to the approval of Director of Collegiate Education, till the end of 'Even Semester' of 1983-84. In fact, the action of the management in re-employing the petitioner till 19.8.1984 had been approved by the Director of Technical Education in his order dated 24.11.1984. By virtue of these orders, petitioner was continued in service without any break even beyond 19.8.1984 till 31.7.1987.

(3.) By an order dated 24.8.1984, the State Government raised the age of retirement of Govt. servants from 55 years to 58 years with immediate effect. In para 4 of its order, it was also stated that the extent of application of the decision enhancing the age of superannuation to the retired Govt. servants re-employed or re-employed on contract basis in posts under the Government without break in service after their retirement would be indicated separately.