SYED AMIN KHALANDAR Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) IN this Writ Petition, the petitioner has prayed to issue appropriate Writs, Orders or Directions and in particular issue a Writ in the nature of Certiorarified Mandamus after calling for the concerned records from the third respondent pertaining to their proceedings in reference No. D. 1831/c/88 and quash the order dated June 6, 1988 and consequently direct the respondents to continue the services of the petitioner till May 31. 1989.

(2.) THE brief facts necessary for the disposal of the above writ petition are as follows : The petitioner who was working in the third respondent college as "librarian" has reached the age of superannuation on June 9, 1988. The post of "librarian" is categorised as "teacher" under Section 2 (10) of the Tamilnadu Private College (Regulations) Act, 1976 (hereinafter referred to as the Act ). Under Section 17 of the said Act, the Government is empowered to prescribe the service condition of the teachers employed in private colleges and that includes fixation of age s of retirement. The third respondent college is a "private college" within the meaning of Section 2 (8) of the Act. The service conditions of the teachers working in private colleges in the State of Tamil Nadu are governed by the above Act and the Rules framed thereunder.

(3.) THE Government of Tamil Nadu by their order in G. O. Ms. No. 281, Education Department, dated February 13, 1981 have prescribed the age of retirement for teachers working in private colleges as 58 years. By the very same order, they have also made it clear that in the event of the retirement age falling in the middle of the academic year the services of such teachers should be continued till the end of the academic year. Under the said order no discretion is vested with any authority to modify the terms as provided. Further, in order to avoid any ambiguity the Act itself defines the term 'academic year' under Section 2 (1) of the Act. By the said definition the "academic year" means the year commencing on the first day of June.