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Madras High CourtWP/19083/2015dismissed

The Repatriates Co-Operative v. Union Of India,

2015-07-31Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.19083 of 2015 & M.P.No.1 of 2015 The Repatriates Co-operative Bank Shareholders' Welfare Association, Regd.No.292/2008, Rep. by its General Secretary P.Thanapal, Old No.15/50, New No.18, 12th Street, Thirunagar, Villivakkam, Chennai-49.

.. Petitioner Vs.

1. Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, Government of India.

2. The Joint Secretary, Government of India, Ministry of Personnel, Public Grievances and Pension, (Department of Personnel and Training), Second Floor, Nayak Bhavan, New Delhi-110 003.

3. REPCO Bank, represented by its Chairman-cum-Principal Secretary, Public and Rehabilitation Department, Government of Tamil Nadu, Fort St.George, Chennai.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the third respondent to implement the proceedings of the second respondent in Office Memorandum No.25012/8/98-Estt(A), dated 30.05.1998, imposing a complete ban on extension in service beyond 60 years towards the posts of Executive Director and Managing Director in Repatriates Cooperative Bank. For petitioner : Ms.S.Meenakshi For respondents : Mr.B.Rabu Manohar, SCGPC for RR-1 & 2 Mr.G.Rajagopalan, Senior Counsel for Mr.A.Ilangovan for R-3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition is filed for a direction to the third respondent to implement the proceedings of the second respondent, dated 30.05.1998, imposing a complete ban on extension in service beyond 60 years towards the posts of the Executive Director and the Managing Director in Repatriates Co-operative Bank.

2. Mr.G.Rajagopalan, learned Senior Counsel appearing for the third respondent-REPCO Bank submitted that the age of retirement for the Executive Director and the Managing Director, is 62 years and that the Executive Director has already retired from service on reaching the age of superannuation.

3. In view of the above statement made by the learned Senior Counsel appearing for the third respondent-REPCO Bank that the age of retirement for the Executive Director and the Managing Director is 62 years, there is no legal bar in continuing the service upto 62 years. Hence, the Writ Petition fails and the same is dismissed. No costs. The Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cs Copy to

1. The Secretary to Government Union of India, Ministry of Home Affairs, Government of India. New Delhi.

2. The Joint Secretary, Government of India, Ministry of Personnel, Public Grievances and Pension, (Department of Personnel and Training), Second Floor, Nayak Bhavan, New Delhi-110 003.

3. The Chairman-cum-Principal Secretary, REPCO Bank, represented by its Public and Rehabilitation Department, Government of Tamil Nadu, Fort St.George, Chennai.

+ 1 cc to Mr.B. Rabu Manohar, Advocate Sr.39503 + 1 cc to Mr.A. Ilangovan, Advocate Sr.39663 + 1 cc to Mrs. S. Meenakshi, Advocate Sr.39981 W.P.No.19083 of 2015 SVI(CO) Eu 18.08.15 https://hcservices.ecourts.gov.in/hcservices/