Retirement age relaxation
sriram
(Querist) 11 January 2018
This query is : Resolved
I worked as grade-2 Telugu Pandit in I.T.D.A.. Schools in S.T. area as an Adhoc employ i.e,on89 days basis.I worked 563days in ITDA Schools.Then,the ITDA conducted written test for in service adhoc candidates along with freshers to fill up the regular vacancies with S.T.Candidates.No, S.t.candidates available at that time,the Itda appointed freshers and non S.T.'s and avoided my selection.Later,I went to the A.P.A.T and after passing 5years G.O.MS.NO-275 of S.W.(E),deptt. is in force in S.T. areas ,thus we cannot neither grant releif nor re-instatement until and unless the G.O. is in force by the Apex court.and dismissed my O.A.Then,I appealed to the High-court and after passing 10 years the high court dismissed my W.P. and M.P.In the mean while ITDA appointed non ST's and promoted them as H.M.'s in the schools.
After passing 8 years ,now I am appealing to the Supremecourt U/A-32&151 cpc to reinstate in the service with all consequential benifits on by challenging the judgement copy of APAT.
My super annuation for retirement is over in the last year dec,2017.Under what provision does the court will relax my retirement age atleast 1year?Is it possible?Kindly,let me know the answer for my queryfrom any of the experts in the service matter
sriram
(Querist) 11 January 2018
Sir,
Thanks for all the respected Advocates opinions reg. my query.But,I have lot of hope that the Hon'ble Supremecourt has powers to relax the retirement age under special grounds.And I am searching the previos judgements of the supremecourt of the similar cases.Kindly,guide me regarding the matter.
P. Venu
(Expert) 11 January 2018
Nothing could be suggested; everything depends upon the discretion of the Supreme Court to ensure complete justice.
R.Ramachandran
(Expert) 11 January 2018
Even Supreme Court does not have power to give age relaxation.
One has to wait and see what order the Supreme Court passes on your Appeal. Assuming the Supreme Court allows your appeal and sets aside your termination, then it will order as to how the period has to be treated and what amount has to be paid to you. That will be up to your normal date of retirement. THAT'S ALL. You will not be permitted to work even for 1 day beyond your age of superannuation.
Isaac Gabriel
(Expert) 11 January 2018
It is unfortunate that you could not get remedy in site of straneous legal battle.Neverthless getting extended superannuation is not at all possible.But you could get regularisation and ensionary benefits of entitled for the post.
