S. Ganesan, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.6131of 2016 and W.M.P(MD)No.5415 of 2016 S.Ganesan

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu Co-Operative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk colony, Chennai - 600 051.

2. The Commissioner, Tamil Nadu Co-operative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk Colony, Chennai- 600 051.

3. The General Manager, Tirunelveli Distrit Co-Op. Milk Producers Union Ltd., Tirunelveli - 7.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus calling for the records of the impugned order of the 2nd respondent in Na.Ka.No.14123/N2/2015 dated 18.01.2016 and

quash the same in so far as the petitioner is concerned and consequently direct the respondents to allow the petitioner in continuous service as Special Grade Senior Office Assistant until the age of superannuation on completion of the age of 60 years on 31.03.2018 and pay all service and monetary benefits. For Petitioner : Mr.H. Arumugam For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.Ayiram K.Selvakumar

O R D E R

This Writ Petition is filed against the order of the second respondent in Na.Ka.No.14123/N2/2015 dated 18.01.2016 wherein the petitioner was informed by the second respondent to retire at the age of 58 years by rejecting the request of the petitioner that he is entitled till 60 years.

2. This Court, while entertaining this Writ Petition, has granted an order of interim injunction.

3. Counter affidavit is not filed by any of the respondents in this Writ Petition till now.

4. During the course of hearing, the learned counsel for the petitioner submits that in the light of the interim order dated 29.03.2016 in W.M.P.(MD)No.5415 of 2016, the petitioner was permitted to continue in service till he attains the age of 60 years and as of now, he is retired from service after completion of 60 years.

5. On a careful perusal of the relief sought in this Writ Petition, in my considered opinion, no further adjudication is required in the present case as already the petitioner achieved the relief sought in this Writ Petition.

6. Accordingly, this Writ Petition is dismissed as infructuous.

7. No costs.

8. Consequently, connected miscellaneous petition is closed.

07.08.2023 Index : Yes / No NCC : Yes / No CM

To,

1. The Managing Director, Tamil Nadu Co-Operative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk colony, Chennai - 600 051.

2. The Commissioner, Tamil Nadu Co-operative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk Colony, Chennai- 600 051.

3. The General Manager, Tirunelveli Distrit Co-Op. Milk Producers Union Ltd., Tirunelveli - 7.

BATTU DEVANAND, J.

CM W.P.(MD)No.6131 of 2016 and W.M.P(MD)No.5415 of 2016 07.08.2023