Learned counsel for the petitioner submitted that the government order dated 17.2.1999 permits exercise of option for retirement at the prescribed age of superannuation (58 years at the relevant time) by 30th June of the academic year in which the retirement is due. By government order dated 4.2.2004, while extending the age of retirement from 60 to 62 years, the consequences which had to follow under previous government orders, consequent to retirement at the age of 58 years or extended service of 60 years, have been kept intact. Meaning thereby, that those teachers, who are due to retire at the age of 60 years after coming into force of Government Order dated 4.2.2004, could exercise their option for retirement by 1st July of the year in which they would attain the age of 60 years. The submission is that since the date of birth of the petitioner's husband was 1.1.1960 and he was due to retire on 31.12.2019, therefore, he had time to exercise his option upto 1st July of the year in which his retirement was due i.e. 1st July, 2019. It is further submitted that even under previous Government Order dated 17.2.1999, in case age of retirement is treated to be 58 years, he had option to exercise his choice until 1st July, 2017. Since, however, he died on 27.2.2016, much before the occasion arose for exercising the option, therefore, it could not be deemed that he had chosen to continue in service beyond the age of 58 years (60 years after the Government Order dated 4.2.2004 was enforced).
