S.Robert v. The Agriculture Production
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos.6030,15765 to 15771 of 2018 and WMP.Nos.14513,7416,28186, 28187, 27574, 27575, 27576,27577,18715, 36153,18716 to 18721 of 2018 S.Robert ..Petitioner G.Jagatheeswaran .. Petitioner in WP 15765/18 S.Rathinam .. Petitioner in WP 15766/18 K.Kalarani .. Petitioner in WP 15767/18 R.Ramalingam .. Petitioner in WP 15768/18 V.Devi .. Petitioner in WP 15769/18 S.Suseela .. Petitioner in WP 15770/18 N.JayalaKshmi .. Petitioner in WP 15771/18 Vs
1. The Agriculture Production Commissioner, and Secretary to Government, Agriculture Department, Secretariat, Chennai-9.
2. The Managing Director, Tanhoda, Chepauk, Chennai-600 005.
3. The Joint Director of Horticulture, Horticulture House, Vijayanagaram, PB No.74, Udhagamandalam 643 001.
4. The Assistant Director, Department of Horticulture Inputs, (State Horticulture Farm, Janjanadu) Rose Garden, Udhagamandalam 643 001.
...Respondents in all WPS
COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or orders or direction particularly in the nature of Writ of Mandamus, directing the respondents to allow the petitioner to continue in service till the completion of 60 years.
For Petitioner :Mr.V.Chandrasekaran For Respondents 1-4 : Mr.V.Jayaprakash Narayanan, Spl.Govt. Pleader (for all the writ petitions) COMMON ORDER The relief sought for in the present writ petitions are for a direction to direct the respondents to allow the writ petitioners to continue in service till the completion of 60 years.
2. The lis arises on account of the fact that, the writ petitioners who all are serving as Horticulture Farm Workers are not allowed to continue in services till they attain 60 years of age. Contrarily, these workers are allowed to retired from service on attaining the age of 58 years. With these complaints, the present writ petitions are filed on the ground that, they are falling under the last grade servants and as per the Rules, they are entitle to serve till they attain 60 years of age.
3. Though the counter affidavit has been filed, disputing the said ground raised by the writ petitioner, now the learned counsel for the writ petitioner submitted the Government Order issued in G.O.Ms.No.232, Agriculture Department, dated 17.09.2018 as per the said Government order, the Horticulture Farm Workers are eligible to continue in service till they attain 60 years. In other words, the age of retirement is enhanced from 58 years to 60 years.
4. This being the factum of the case, the grievances of the writ petitioners have been already redressed and the writ petitioners are eligible to continue till they attain the age of
60 years as per G.O.Ms.No.232, Agriculture Department, dated 17.09.2018. Accordingly, the writ petitions stands disposed of. No Costs. Consequently, connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Pkn To
1. The Agriculture Production Commissioner, and Secretary to Government, Agriculture Department, Secretariat, Chennai-9.
2. The Managing Director, Tanhoda, Chepauk, Chennai-600 005.
3. The Joint Director of Horticulture, Horticulture House, Vijayanagaram, PB No.74, Udhagamandalam 643 001.
4. The Assistant Director, Department of Horticulture Inputs, (State Horticulture Farm, Janjanadu) Rose Garden, Udhagamandalam 643 001.
+1cc to Mr.V.Chandrasekaran, Advocate SR.No.20289 W.P.Nos.6030,15765 to 15770 of 2018 MG(CO) GMY(29/03/2019)