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Madras High CourtWP/15168/2019dismissed

K.Purushotham, v. The Secretary,

2022-12-02Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Purushotham ... Petitioner -Vs1. The Secretary, Health Department, Government of Tail nadu, fort St.George, Chennai-9

2. The Chief Secretary to Government, fort St.George, Chennai-9.

3. The Commissioner/Secretary, Personnel and Administrative Reforms, Secretariat, Fort St.George, Chennai-9.

4. The Directorte of Medical Education, No.163, Poonamalee High Road, Kilpauk, Chennai-10.

5. The Deen, Madras Medical College, Chennai, Tamil Nadu-3.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, calling for the records of the 1st respondent relating to the G.O.Letter No.22699/A1/2018-1 dated 10.10.2018, signed on 12.10.2018 & received by the petitioner on 26.10.2018 and quash the same and consequently direct the respondents 1 to 4 to increase the retirement age of Doctors and Professors in the Tamil Nadu Government Medical Colleges from 58 to 65 amongst other. For Petitioner : Mr.P.Valliappan for change of Vakalat For Respondents : Mr.T.Chezhiyan Additional Government Pleader

O R D E R

The letter impugned dated 22.10.2018, allowing the writ petitioner to retire from service on 30.06.2018, is under challenge in the present writ petition.

2. The claim of the writ petitioner is that he is entitled to continue in service as per the age limit fixed by the Government of India for the employees engaged in Central Government Departments. 2/5

3. However, the fact remains that the petitioner was engaged by the Department of Medical Education and his age of retirement, during the relevant point of time, was 58 years and accordingly, he was allowed to retire from service on 30.06.2018. Now four years have lapsed. In view of the efflux of time, no further adjudication needs to be entertained and more so, as per the State Government Rules, the petitioner was allowed to retire from service.

4. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.

02.12.2022 Index : Yes Speaking order sha To

1. The Secretary, Health Department, Government of Tail nadu, fort St.George, Chennai-9

2. The Chief Secretary to Government, 3/5

fort St.George, Chennai-9.

4/5

S.M.SUBRAMANIAM.J., sha

3. The Commissioner/Secretary, Personnel and Administrative Reforms, Secretariat, Fort St.George, Chennai-9.

4. The Directorte of Medical Education, No.163, Poonamalee High Road, Kilpauk, Chennai-10.

5. The Deen, Madras Medical College, Chennai, Tamil Nadu-3.

02.12.2022 5/5