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Madras High CourtWP/12587/2024disposed of

N.Ravi v. The Handloom Secretary,

2024-06-03Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N. Ravi ...

Petitioner Vs

1. The Handloom Secretary Secretariate St.George Fort, Chennai 600 009.

2. The Handloom Commissioner Kuralagam, Chennai 600 104.

3. The Managing Director, Tamil Nadu Zari Limited Orikkai, Kanchipuram 631 501, Kanchipuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 3rd respondent to

consider for increasing the petitioner's retirement age as 60 years as per the petitioner's representation dated 12.04.2024. For Petitioner : Mr.R.Anbalagan For Respondents : Mr.P.Ganesan Government Advocate

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus directing the 3rd respondent to consider increasing the petitioner's retirement age as 60 years as per the petitioner's representation dated 12.04.2024.

2. The grievance of the petitioner is that he joined as a worker on 20.12.1991 in the 3rd respondent/Tamil Nadu Zari Limited, Orikkai, Kanchipuram and working as General Mestry from 12.06.2023. The petitioner's date of birth is 02.05.1966 and his age of 58 years end on 02.05.2024. There is a policy decision taken by the Government of Tamil Nadu in increasing the retirement age from 58 to 60 in respect of every other organisation. Only because of authorities did not apply their mind and taken

a policy decision in this regard, the petitioner's service was not extended. The petitioner has also made a representation to the 2nd respondent in this regard on 12.04.2024. Since there was no response the petitioner has come up with the present writ petition.

3. Heard both sides and perused the materials available on record.

4. The age of retirement as on date prevailing in the 3rd respondent organisation is 58 years only. It would be the policy of the respondents to increase it to 60 years or not and the Court cannot interfere in the same. However, the petitioner is only relying upon the policy decision taken by the Government of Tamil Nadu in respect of several other organisations and is requesting to extend the retirement age. The learned Government Advocate also brought to the notice of this Court that the petitioner has already been relieved from the service on superannuation. Be that as it may, it would be open for the respondents 2 & 3 to take a policy decision in this regard and if they take a policy decision to increase the retirement age as 60 years then the

petitioner can also be recalled to complete the service upto 60 years. Accordingly, this writ petition is disposed of on the following terms:-

1. The respondents 2 & 3 are directed to consider the representation of the petitioner dated 12.04.2024 within a period of eight weeks from the date of receipt of a copy of this order on its own merits and in accordance with law and take a decision. No costs.

03.06.2024 : yes/no dpq To

1. The Handloom Secretary Secretariate St.George Fort, Chennai 600 009.

2. The Handloom Commissioner Kuralagam, Chennai 600 104.

3. The Managing Director, Tamil Nadu Zari Limited Orikkai, Kanchipuram 631 501, Kanchipuram District.

D.BHARATHA CHAKRAVARTHY, J.

dpq 03.06.2024