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Madras High CourtWP(MD)/16595/2022disposed of

Pavanasam.S v. State Of Tamil Nadu

2026-01-05Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.16595 of 2022 and W.M.P(MD)Nos.12018, 12019 & 15390 of 2022 S.Pavanasam

...Petitioner

Vs

1. State of Tamil Nadu, Rep. by its Principal Secretary, Department of Textiles, Fort St. George, Chennai-9.

2. The Commissioner of Textiles, 2nd Floor, Kuralagam, Chennai - 108.

3. The Assistant Director, Handloom Department, Nagercoil, Kanyakumari District.

4. The Assistant Director / Textile Department / Managing Director, The Kanyakumari District Co-Operative Spinning Mills Limited, Post Bag No.1, Aralvaimozhi - 629 301, Kanyakumari District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified mandamus to call for the records pertaining to the Impugned Order in Na.Ka.137/15/2014-15/HTK dated 30.06.2022 on the file of the Respondent No.4 and the Consequential Impugned order in Na.Ka. 1/5

391/2021/G1 dated 04.07.2022 on the file of the Respondent No.3 and quash the same as illegal and consequently for a direction, forbearing the Respondent No.4 from relieving the petitioner from the post of post Spinning Sweeper till he attains the age of 60 years i.e. till 16.05.2024 in the light of the Government Order in G.O.Ms.No.9 Personnel and Administrative Reforms(S) department, dated 25.02.2021.

For Petitioner : M/s.S.Rajasekar for M/s.Lajapathi Roy Associates For Respondents : M/s.N.Satheesh Kumar Additional Government Pleader for R1 to R3 Mr.M.Elanchezhian for R4 * * * * *

ORDER

The present writ petition has been filed seeking to quash the order passed by the 4th respondent on 30.06.2022 wherein the petitioner was not permitted to continue in service beyond the age of 58.

2. Admittedly, the petitioner is working as a Mill employee in the 4th respondent Co-operative Spinning Mill. As per the by-laws of the said Cooperative Society, the age of retirement is 58. The petitioner has attained superannuation(58 years) on 31.07.2022. The petitioner has given a representation on 04.07.2022 to the effect that he should be permitted to 2/5

continue for a further period of 2 years relying upon G.O.Ms.No.51 Personnel and Administrative Reforms(S) Department, dated 07.05.2020. The said request was rejected under the impugned order. Challenging the same, the present writ petition has been filed.

3. The issue is no longer res-integra. This Court in W.P(MD)No.15972 of 2021 dated 22.07.2022 has held that the Government order is not applicable to the employees who are working in the Co-operative Society and therefore, the request for extension of service from 58 to 59 years cannot be granted.

4. The petitioner has already served upto 60 years based upon the interim order passed by this Court. Nothing remains to be adjudicated.

5. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 05.01.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The Principal Secretary, Department of Textiles, Fort St. George, Chennai-9.

2. The Commissioner of Textiles, 2nd Floor, Kuralagam, Chennai - 108.

3. The Assistant Director, Handloom Department, Nagercoil, Kanyakumari District.

4/5

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.16595 of 2022 05.01.2026 5/5