Date of Retirement as per law - salary and gratuity adjustments? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Srinath Sai Ram
Hr Manager
SAIBHAKTA
Retired From Air India
Charlot
Incharge
Neetu76
Teacher
+3 Others

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Hi everybody, I have query as to what will be the retirement date of a teacher in a private school DOB 15.06.1955. As per law it should be 30th June, 2013 but the management is telling it will be 14.06.2013 as the school is having vacations upto 14.06.2013 and she does not have to rejoin school on 15.06.2013. Please let me know if is it correct, if she is not rejoining on 15.06.2013 means she will be paid 15 days salary for the month of june and also let me know if it will also affect her gratuity for 2013.
Regards, Neetu

Dear Neetu ji, School is correct in my view, unless there is no different practice in vogue. There is no loss in gratuity. I am not discussing the reasons and expect other members to contribute.
YES; Mr.Korgaonkar is absolutely right.The teacher would be completing her 58th year exactly on 14-06-2013 and that would be her date of retirement on superannuation. Neetu, your contention is not based on any law; but upon service rules of Govt servants which prescribe the normal date of retirement as the last working day of the month in which one completes the specified age of superannuation for the sake of administrative convenience.If I were correct, for the sake of academic convenience, certain State Govts permit the teachers to continue in service till the close of the academic year though they may complete the age of retirement in the middle.However, in the case of top military posts, higher judiciary and constitutional posts the exact date of attaining the specified age is followed.
In addition to what Mr.Mr.Keshav Korgaonkar and Mr.Umakanthan said, if there is any State Law governing servcie conditions of teachers, youmay also refer to it, to be clear about the issue. I understand some states have enacted laws governing servcie conditions in schools. Iam not sure with regard to Gujarat.
B.Saikumar
Mumbai

Dear All;

That is the difference between HR and NON-HR. Laws are beneficiary which means if there is any ambiguity it has to be interpreted in favour of employee. Going by letter of law means retirement on 14-June. But over the years, are these the relations between the teacher and school? Is there no bondage over and above employment? If not, then I will say the school management failed in maintaining relations, and furthermore, are these the qualities of life the school inculcated in students? Can it be called a good school?

As for losing gratuity for that year - please understand that the teacher probably did not join on 1st January and as such the days of the first year of employment have to be considered and then the teacher will be entitled for gratuity.

Furthermore, the shool is closed means the teacher is on duty till 14th June. Teacher should get all benefits till 14 June. From 15th June, teacher will not remember the school for rest of life.

As a corollary consider those who talk good of there previous employer. In their case their employer must have treated them over and above employment rules. Such employees are prepared to help employer in any way, going out of way.

Consider where you would like to land.

Vibhakar Ramtirthkar

If the date of completion comes anywhere in the month some companies allow the person to retire on the last day of the aprticular month. However the school managment is right in telling that the teacher has to retire on the day of completion.
In some sectors law is enforced where the employees' retirement age under superannuation will the month end
Dear friends,
Generally the matter is spelt out in the policy or the rules governed by which the employees are covered. If they follow state govt. rules so be it, if central govt. the same. This is being a private sector case it should be dealt by the state govt. rules if they are aided schools. If otherwise then the management policy should prevail for one and all. There cannot be nepotism unless reemployed after superannuation. For information and general reading the judgment of the Madras HC is attached which might throw some light on this issue.
kumar.s.


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File Type: doc Retirement on Superannuation - when - Court judgment.doc (53.0 KB, 1434 views)

My sister born on 18-5-52 retired on 31-5-12 after completion of 60yrs of age ALTHOUGH THE PRIVATE SCHOOL IN GWALIOR WAS HAVING ITS SUMMER VACATION.So far I know except the honourable Judges of Supreme Court Of India in most of the organisations the retirement takes place on the last day of the month in which superannuation age is reached.
One of our employee going to complete 58 years we are planning to continue for another 7 months is it required to deduct EPF . Please advise

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