Case Note & Summary
The petitioner, Dr. Raosaheb A. Shinde, was appointed as Principal of Arts, Commerce and Science College, Kalwan in July 1983, with his appointment approved by Pune University on 12.6.1984. The college is affiliated to Pune University and receives 100% grant-in-aid from the State of Maharashtra. The petitioner completed 60 years of age on 31.01.2011 and retired on the same day. He claimed entitlement to continue until age 65 based on a Government Resolution dated 25.2.2011, which increased the retirement age for principals in aided non-governmental colleges from 60 to 65 years, subject to a performance review after age 62. The petitioner sought an order directing respondents to absorb his services as Principal with continuity from 1.2.2012 until age 65. The court examined the language of the G.R., noting that it stated the age "has been" increased, indicating prospective effect from the date of issuance. Since the petitioner had already retired on 31.1.2011, before the G.R. came into force, he was not entitled to its benefit. The court held that the G.R. operates prospectively and does not apply to those who ceased employment before its date. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Retirement Age - Prospective Operation of Government Resolution - Government Resolution dated 25.2.2011 increasing retirement age of principals from 60 to 65 years - The resolution operates prospectively from the date of its issuance and does not apply to those who ceased to be in employment before that date - Petitioner retired on 31.1.2011, prior to the resolution - Held that the petitioner is not entitled to the benefit of the increased retirement age (Paras 5-6).
Issue of Consideration
Whether a Government Resolution increasing the retirement age of principals from 60 to 65 years applies to a principal who had already retired before the date of the resolution.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Government Resolution operates prospectively
- Retirement age increase not applicable to those who retired before issuance
- No vested right to extension after retirement
