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Madras High CourtWP(MD)/14749/2025dismissed

Ramakrishnan.R v. The Managing Director,

2025-08-18Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.14749 of 2025 and W.M.P(MD)Nos.11005, 11009 & 11013 & 16705 of 2025 R.Ramakrishnan : Petitioner Vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., CMDA Tower-II, 4th Floor, Egmore, Chennai - 600 008.

2. The Senior Regional Manager, Tasmac Limited, Plot No.100, Anna Nagar, Madurai - 625 020.

3. The District Manager, IMFS Depot, Tasmac Ltd., Madurai South, Kappalur, Madurai District.

4. The Assistant Labour Commissioner (Enforcement), Madurai.

: Respondents (R4 is suo motu impleaded vide order of this Court dated 18.08.2025 in WP(MD)No.14749 of 2025.) 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the 3rd respondent in Na.Ka.No.0709/2025/A-7 dated 20.05.2025 quash the same as illegal and consequently directing the respondents 1 to 3 herein to extend the date of superannuation of the petitioner from 58 years to 60 years of age, (i.e., 01st June 2027) as per G.O.(Ms).No.29, Personnel and Administrative Reforms (S) Department, dated 25.02.2021 and confer all monetary benefits till 01.06.2027.

For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.H.Arumugam (R1 to R3)

ORDER

This writ petition has been filed challenging the impugned order passed by the 3rd respondent in Na.Ka.No.0709/2025/A-7 dated 20.05.2025 and consequently to direct the respondents 1 to 3 herein to extend the date of superannuation of the petitioner from 58 years to 60 years of age, (i.e., 01st June 2027) as per G.O.(Ms).No.29, Personnel and Administrative Reforms (S) Department, dated 25.02.2021 and confer all monetary benefits till 01.06.2027.

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2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. According to the petitioner, the petitioner, who is presently serving as an Assistant Salesman, was initially appointed as Bar Assistant on 09.02.2004. The petitioner has attained the age of 58 years on 01.06.2025. In his service records, the date of retirement is mentioned as '01.06.2027' only and also, as per G.O.(Ms).No.29, Personnel and Administrative Reforms (S) Department, dated 25.02.2021, he is entitled to be retired only on 01.06.2027. In this regard, the petitioner made a representation to the respondents. However, the same was rejected vide the impugned order. Challenging the same, this writ petition came to be filed.

4. The learned counsel appearing for the petitioner submitted that the petitioner being a permanent employee, has to be retired only on 01.06.2027 and the petitioner also submitted a petition before the Assistant Labour Commissioner (Enforcement), Madurai, which is still 3/6

pending and hence, this Court may issue a direction to the authorities to dispose of the petitioner's petition pending in CPS No.1 to 3 of 2025.

5. At this juncture, the learned counsel appearing for the respondents also submitted that the said GO is not applicable to the petitioner herein, since he is only a contract employee.

6. Since the petitioner being a contract employee is not entitled to be benefitted under the aforesaid GO, this writ petition is dismissed. However, in view of the limited relief sought for by the petitioner, this Court suo motu impleads the Assistant Labour Commissioner (Enforcement), Madurai, as the fourth respondent in this writ petition. The fourth respondent is directed to consider the case of the petitioner in CPS No.1 to 3 of 2025 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 18.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:- 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., CMDA Tower-II, 4th Floor, Egmore, Chennai - 600 008.

2. The Senior Regional Manager, Tasmac Limited, Plot No.100, Anna Nagar, Madurai - 625 020.

3. The District Manager, IMFS Depot, Tasmac Ltd., Madurai South, Kappalur, Madurai District.

4. The Assistant Labour Commissioner (Enforcement), Madurai.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.14749 of 2025 18.08.2025 6/6