MADHUSUDAN D TANK Vs. PRINCIPAL SAINIK SCHOOL

JUDGEMENT

(1.) WE have heard learned counsel Mr. A.R.Thacker for the petitioner, learned counsel Mr. Tirth Raj Pandya for Mr. Sanjay A Mehta appearing for the respondents.

(2.) THIS Special Civil Application has been filed challenging the order dated 30.06. 2003, by which the petitioner has been retired from service on 31 st July 2003, on attaining the age of superannuation i.e. 55 years, as per Sainik Schools Societies Rules & Regulations.

(3.) THEREFORE , we do not find any illegality in retiring the petitioner on 30th June 2003, on attaining the age of superannuation i.e. 55 years. Learned counsel for the petitioner has urged that the Superior authority can grant extension of service under his discretion and he has urged that there is no imperfection for extension of service. The claim of the petitioner for extension was rejected on the ground that the petitioner was dismissed from service in the year 1988, against which he has filed Special Civil Application No. 8233 of 1988, which was allowed by the High Court vide order dated 4.2.2000. Against the order dated 4.2.2000 passed in SCA No. 82 33 of 1988, the principal of the Sainik School, Balachadi filed Letters Patent Appeal No. 221 of 2000 before this Hon'ble Court, the said appeal was dismissed by this Hon'ble Court on 11.1.2001 and the same was affirmed by the Hon'ble Apex Court, and the respondent was directed to reinstate the petitioner within two months from the date of the order dated 11.1.2001. Since the authorities did not have occasion to asses the work of the petitioner for the last 5 years therefore, they have not granted any extension of service to the petitioner.