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Madras High CourtWP(MD)/23772/2017allowed

S.Siva v. The Director(Tanhoda)

2018-01-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.23772 of 2017 and W.M.P.(MD).No.19953 of 2017 S.Siva ... Petitioner Vs.

1.The Director (TANHODA), Department of Horticulture, Chennai-5.

2.The Deputy Director of Horticulture, Department of Horticulture, Pudukottai, Pudukottai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to retain the petitioner in service till the completion of 60 years of the petitioner's age on 31.12.2019.

For Petitioner : Mr.P.Jamal Mohammad for Mr.K.Baalasundharam For Respondents : Mr.M.Jeyakumar Additional Government Pleader ****

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition is taken up for final disposal.

3.The petitioner is working as Farm Labour in the Department of Horticulture. The petitioner is apprehensive that he will be prematurely retired at the age of 58 years.

4.The contention of the petitioner is that for Farm Labour the age of retirement is 60.

5.This is not disputed by the learned Special Government Pleader appearing for the respondents.

6.Therefore, a direction is issued to the respondents to retain the petitioner in service till the completion of 60 years that is 31.12.2019.

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7.This Writ Petition is allowed as indicated above. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Director (TANHODA), Department of Horticulture, Chennai-5.

2.The Deputy Director of Horticulture, Department of Horticulture, Pudukottai, Pudukottai District.

+One cc to M/s.K.Balasundaram, Advocate, SR.No.43276 +One cc to The Special Government Pleader, SR.No.44007 tsg RL/5C/2P/SKN/RSK/SAR4/19/2/2018 W.P.(MD) No.23772 of 2017 22.01.2018 https://hcservices.ecourts.gov.in/hcservices/