Madras High CourtWP(MD)/5637/2017disposed of

B.Pandi, S/O. Balasubramanian v. The Joint Registrar Of

2021-03-11Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.5637 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.5637 of 2017 and W.M.P(MD)Nos.4520 and 4521 of 2017 and W.M.P(MD)No.12704 of 2019 B.Pandi ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Madurai District, Madurai.

2.The Secretary Special Officer, A-2987, Melur Primary Agricultural Co-operative Bank Melur, Madurai District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to allow the petitioner to work as Packer in the 2nd respondent Society up to the age of his 60 years with all the benefits by considering the petitioner's representation dated 30.01.2017. For Petitioner : Mr.T.A.Ebenezer For R1 : Mr.B.Baghavathy Government Advocate For R2 : Mr.S.Kumar

O R D E R

This writ petition is filed for a direction to the respondents to allow the petitioner to work as Packer in the second respondent Society up to the age of his 60 years with all the benefits by considering the petitioner's representation, dated 30.01.2017. 2.The case of the petitioner is that he joined as Packer in the second respondent Society on 11.01.1994 and the said post is falling under the Tamil Nadu Basic Services. As per Rule 56(1)(a) of the Tamil Nadu Government Fundamental Rules, all basic servants shall retire on attaining the age of sixty years. However, the second respondent has taken steps to retire the petitioner before the age of sixty, for which, the petitioner has filed the present writ petition for the aforesaid relief.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5637 of 2017 3.While entertaining the writ petition, this Court has granted an order of interim injunction on 25.04.2017. By virtue of the interim order passed by this Court, the petitioner continued as Packer and retired the age of sixty and received the salary. 4.In view of the above, since the petitioner completed his service upto the age of sixty, the respondent is directed to pay necessary benefits to the petitioner in accordance with law, if not already paid.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS ) Ns To 1.The Joint Registrar of Co-operative Societies, Madurai District, Madurai.

W.P.(MD)No.5637 of 2017 11.03.2021 PSP(12.05.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2