MANIKUNTALA SARKAR Vs. ASIATIC SOCIETY

JUDGEMENT

(1.) In this writ petition the petitioner challenges the order dated 19th September, 2012 issued by the respondents whereby the respondents decided not to extend the service of the petitioner.

(2.) The petitioner joined the respondent society as Telephonecum-Receptionist in the year 1981. From time to time she was promoted and from 6th January, 1998 held the post of Administrative Officer. She was sent on deputation in November, 2000, to the Central Government service and was repatriated on 1st July, 2008. She contends that apart from the Joint Secretary, she is the senior most officer in the respondent society having high experience in administrative work. She further contends that her confidential performance report has always returned 'outstanding' gradation and there has never been any adverse remark her during her entire length of service within the Asiatic Society or in the service on deputation with the Central Government through its various Ministries.

(3.) As per Chapter VI B of the Society's Bye-Laws, the age of retirement of the society's employees is 60 years. However, an employee's service may be extended by the Council of the society for a period not exceeding one year at a time provided the total period of such extension shall not exceed five-years. Chapter VI B of the Bye-Laws were amended and the Service Rules for the Employees, 1991 were introduced which came into force with effect from 1st December, 1998. The said service rules contain similar provisions with regard to the retirement of an employee and extension of service of an employee.