LAWS(MAD)-2020-6-155

V.VASANTHA Vs. STATE OF TAMILNADU

Decided On June 24, 2020
V.Vasantha Appellant
V/S
STATE OF TAMILNADU Respondents

JUDGEMENT

(1.) Heard Ms. M.Sakuntala Devi, learned counsel appearing for the Petitioner and Mrs. S.Srimathy, Special Government Pleader, who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Petitioner, who was initially appointed as Physical Education Teacher, is now working as Assistant Headmaster in Ayra Vysya Higher Secondary School, Ramanathapuram. Though she attained the age of superannuation of 58 years on 30.04.2020, she was granted re- employment till the end of that academic year as per the prevailing practice. The First Respondent by G.O. Ms. No.51 Personnel and Administrative Reforms (S) Department dated 07.05.2020 had increased the retirement age of the Government Employees in the State of Tamil Nadu who were in regular service as on that date from 58 years to 59 years. The Petitioner has filed this Writ Petition claiming the said benefit of extension of service till she completes 59 years.

(3.) Learned Special Government Pleader appearing for the Respondent submits that the said Government Order is applicable only to those Government employees, who were in regular service as on that day and it would not apply to those employees, whose services had been extended till the end of the academic year, as in the case of the Petitioner. In support of that contention, reliance is placed on the decision of this Court in the order dated 08.06.2020 in W.P. (MD) No. 6442 of 2020 etc., batch [ S.Germani Isabella -vs- The State of Tamil Nadu ] in the case of similarly placed persons.