S.R.Rajasekar v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.18983 of 2024 and W.M.P(MD) Nos. 16031 and 16032 of 2024 S.R.Rajasekar ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, 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, Bhethel Nagar, Senbagaramanputhur, Aaralvaymozhi, Thovalai Taluk, Kanyakumari District - 629 301. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the third respondent 1/5

in Na.Ka.No.A1/4020/2024, dated 28.06.2024, 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., 31st March 2026) as per G.O.(Ms) No.29, Personnel and Administrative Reforms (S) Department, dated 25.02.2021 and confer all monetary benefits till 29.06.2026.

For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.S.Sivanesan Standing Counsel

O R D E R

The present Writ Petition has been filed by a TASMAC Employee seeking the benefits under G.O.(Ms) No.29, Personnel and Administrative Reforms (S) Department, dated 25.02.2021 and to extend his services from 58 years to 60 years.

2. Similar issue came up before this Court in W.P.(MD) No.6025 of 2021. This Court by an order dated 18.03.2021 has considered the issue and has arrived at a finding that the said Government order is not applicable to the TASMAC employees. The TASMAC employees being not permanent employees of the Corporation, are not entitled to the benefits of the Government Order.

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3. This Court is inclined to follow the order and there are no merits in the writ petition and the same is dismissed.

4. According to the learned counsel appearing for the petitioner, the writ petitioner's application seeking conferment of permanent status is pending before the authorities concerned. In case, if the petitioner succeeds before the concerned authorities, the petitioner is at liberty to approach this Court again. There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed.

07.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, 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, Bhethel Nagar, Senbagaramanputhur, Aaralvaymozhi, Thovalai Taluk, Kanyakumari District - 629 301.

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R.VIJAYAKUMAR,J.

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