A.Mathivanan, v. The Deputy Secretary To Govt.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.1810 of 2018 A.Mathivanan ..
Petitioner -vs1. The Deputy Secretary to Government Personnel and Administrative Reforms (S) Department Fort St.George Chennai 600 009
2. The Commissioner State Commission for the Differently Abled No.15/1, Model School Street Thousand Lights Chennai 600 006
3. The Registrar of Cooperatives No.170, EVR Road Kilpauk Chennai 600 010 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in Letter No.33980/S1/2017-1 dated 09.10.2017 and quash the same and further direct the respondents to increase the retirement age from 58 to 60 for the differently abled person. For Petitioner :: Mr.G.Ilamurugu For Respondents :: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 & 2 Mr.L.P.Shanmughasundaram Special Government Pleader for R3
ORDER
This writ petition has been filed challenging the impugned order dated 9.10.2017 issued by the Deputy Secretary to Government, Personnel and Administrative Reforms (S) Department refusing the request of the petitioner, who is a physically challenged, working as Secretary in Kaatampoondi Cooperative
Bank, to increase the age of retirement from 58 to 60 years as a special concession to the differently abled person.
2. Learned counsel for the petitioner submitted that the petitioner, after obtaining his Post Graduate Degree and Diploma in Cooperative management, entered the services of the cooperative society through employment exchange on 22.12.89 and subsequently got promoted as Secretary and presently working in the Kaatampoondi Cooperative Bank. Since his service is meritorious, as there is no adverse remark made in his service records till date, he has given a representation on 24.8.2017 to the Government of Tamil Nadu to increase the retirement age of the disabled persons having disability of 70% or more, from 58 to 60 years. The said representation was also forwarded to the first respondent for active consideration. But the first respondent, instead of considering the same, has wrongly rejected the request, which is against the reforms taken by the Government of Haryana dated 31.1.2006, he pleaded.
3. A reading of the said proceeding dated 31.1.2006 issued on behalf of the Chief Secretary to the Government of Haryana shows that the Group A employees of that State who possess the minimum degree of disability of 70% may be allowed to continue in service by raising the normal retirement age from 58 to 60 years. But these are all the matters to be examined by the Government of Tamil Nadu and not by this Court. Therefore, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. Consequently, W.M.P.No.2228 of 2018 is also dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To
1. The Deputy Secretary to Government Personnel and Administrative Reforms (S) Department Fort St.George Chennai 600 009
2. The Commissioner State Commission for the Differently Abled No.15/1, Model School Street Thousand Lights Chennai 600 006
3. The Registrar of Cooperatives No.170, EVR Road Kilpauk Chennai 600 010 1 cc to MR. G. Ilamurugu, Advocate, Sr. 6922 1 cc to Government Pleader, Sr. 7489 W.P.No.1810 of 2018 RR (CO) kk 17/2