Section 17 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
17. Superannuation and re-employment.
(1)An employee, other than Class IV employee, shall retire from service on the date on which he attains the age of 58 years and under no circumstances he shall be granted an extension in service beyond that age. The age of superannuation of a lower grade employee shall be 60 years :Provided that, a teacher or a Head of a recognised private secondary school in the Vidarbha Region of the State who was permanent in service on the 31st December 1965, irrespective whether he continues to serve in the same school or has joined [some other school after 31st December 1965] [These words were substituted for the words 'some other school in Vidarbha Region' by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] shall retire on the date on which he attains the age of 60 years.Note : If the date of superannuation of an employee happens to fall in the middle of the month, he shall be continued in service till the last day of the month in which the date of superannuation falls.(2)[Where a teacher or Head has attained the age of superannuation in the middle of either of the two academic terms and the Management desires to grant him re-employment beyond the age of superannuation, such teacher or Head] [This portion was substituted for the portion beginning with the words 'A teacher' and ending with the figures and words '58 years' by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] may be granted such re-employment till the end of the particular term only, subject to the condition that he is physically and mentally fit for continuance in service.(3)On re-employment of a person in the manner specified in sub-rule (2) his pay shall not exceed the last pay (including special pay or additional pay, if any) drawn by him at the time of his retirement minus pension (including pension equivalent of death-cum-retirement gratuity or gratuity in lieu of pension). Such pay plus pension (including pension equivalent of death-cum-retirement gratuity or gratuity in lieu of pension) shall not, however, exceed the maximum of the time scale of the post in which he is re-employed. Once the pay is fixed as mentioned above, the incumbent shall be entitled to receive the benefits of annual increment even though the pension (including pension equivalent of death-cum-retirement gratuity or gratuity in lieu of pension) plus pay so fixed exceeds the last pay drawn by him at the time of retirement but the total amount or pay fixed on reemployment plus pension (including pension equivalent of death-cum-retirement gratuity or gratuity in lieu of pension) shall not exceed the maximum of the time scale of the post in which he is re-employed.(4)Pension shall be drawn as a separate entity and shall not be held in abeyance in any case.(5)The pay on re-employment of an employee who is governed by the Contributory Provident Fund Scheme shall not exceed the last pay (including special pay or additional pay, if any) drawn by him at the time of retirement minus pension equivalent of the Management's and Government's contribution to the Contributory Provident Fund including interest thereon. The pay so fixed shall not, however, exceed the maximum of the time scale in which he is re-employed. The incumbent shall get the benefit of increment so, however, that the pay plus pension equivalent of the Management's and Government's contribution including interest thereon shall not exceed the maximum of the time scale in which the person is re-employed.(6)An employee who is neither eligible to the pensionary benefits nor to the Contributory Provident Fund benefits may be re-employed under sub-rule (2) on a starting salary of the scale of pay to which he is entitled or on a higher start but not exceeding the pay (including special pay or additional pay, if any) drawn at the time of retirement with the prior approval of the Education Officer or, in the case of Junior College of Education, the Deputy Director.
