Stick to HC restriction on re-employment of college teachers after 60, RTI activist urges Higher Education Department
Referring to the Madras High Court verdict on October 4, 2024, in a case concerning the extension of service granted by the management of an aided college in Coimbatore to the principal who had reached the age of superannuation on June 5, N R Ravisankar - formerly Associate Professor and Head, Department of Mathematics, CBM College, Coimbatore - said that retirement should not be deferred merely because it falls shortly after the academic year begins.
The judgment read, 'Just because a person retires a few days after the academic year commences, the services should not be extended by taking advantage of the Government Order. The objective behind the Government Order has to be appreciated, and the extension of service must take place by considering the letter and spirit behind it.'
The judgment said that the retirement of the seventh respondent (the principal), which occurred at the beginning of the academic year, cannot be construed as falling in the middle of the academic year, and accordingly, the Government Order should not have been applied in the case. The third respondent (Director of Collegiate Education) has completely lost sight of this and has mechanically granted extension, the judgement said.
The sixth respondent (college management) was directed to complete the process of appointing a new principal within six months from the date of judgement.
The amendment in Government Order 92 of the HRM Department states, 'Every government servant in the superior as well as basic service shall retire on the afternoon of the last day of attainment of the age of sixty years.'
Interpreting the judgment differently and permitting re-employment beyond the age of 60 would amount to 'disobedience to law', causing loss to the exchequer and warranting unnecessary legal wrangles, Prof. Ravishankar said in his representation, copies of which were forwarded to the Regional Joint Directors of Collegiate Education at Chennai, Coimbatore, Madurai, Tiruchi, Tirunelveli and Vellore.
This was the right time for the issuance of necessary proceedings, for any further delay would complicate matters, and lead colleges to seek re-employment at their convenience, ignoring the intent of the High Court directive.
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