Retirement Date Confusion: Does School Vacation Affect Salary and Gratuity?

Hi everybody, I have a query about the retirement date of a teacher in a private school with a date of birth of 15.06.1955. According to the law, it should be 30th June, 2013. However, the management is stating that it will be 14.06.2013 because the school has vacations until 14.06.2013, and she does not have to rejoin school on 15.06.2013.

Please let me know if this is correct. If she does not rejoin on 15.06.2013, does that mean she will be paid 15 days' salary for the month of June? Also, please advise if this will affect her gratuity for 2013.

Regards, Neetu

School is correct in my view, unless there is a 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 government 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 am correct, for the sake of academic convenience, certain state governments 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. Keshav Korgaonkar and Mr. Umakanthan said, if there is any state law governing the service conditions of teachers, you may also refer to it to be clear about the issue. I understand some states have enacted laws governing service conditions in schools. I am not sure with regard to Gujarat.

Regards,
B. Saikumar
Mumbai

Difference Between HR and Non-HR

Laws are beneficial, which means if there is any ambiguity, it has to be interpreted in favor of the employee. Going by the letter of the law means retirement on 14 June. But over the years, are these the relations between the teacher and school? Is there no bond over and above employment? If not, then I will say the school management failed in maintaining relations. Furthermore, are these the qualities of life the school instilled 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 1 January, and as such, the days of the first year of employment have to be considered, and then the teacher will be entitled to gratuity.

Furthermore, if the school is closed, it means the teacher is on duty until 14 June. The teacher should receive all benefits until 14 June. From 15 June, the teacher will not remember the school for the rest of their life.

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

Consider where you would like to land.

Regards,
Vibhakar Ramtirthkar

If the date of completion falls within the month, some companies allow the individual to retire on the last day of that particular month. However, the school management is correct in stating that the teacher must retire on the actual day of completion.

Generally, the matter is spelled out in the policy or the rules by which the employees are covered. If they follow state government rules, so be it; if central government, the same. In this private sector case, it should be dealt with by the state government 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 High Court is attached, which might shed some light on this issue.

Regards,
Kumar S.

My sister was born on 18-5-52 and retired on 31-5-12 after reaching the age of 60, although the private school in Gwalior was having its summer vacation. As far as I know, except for the honorable Judges of the Supreme Court of India, in most organizations, retirement takes place on the last day of the month in which the superannuation age is reached.

One of our employees is going to turn 58 years old. We are planning to continue their employment for another 7 months. Is it necessary to deduct EPF during this period? Please advise.