Madras High Court
M.Alagappan vs The State Of Tamil Nadu on 1 August, 2023
W.A.(MD) No.1237 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1237 of 2023
and
C.M.P.(MD) No.9272 of 2023
M.Alagappan ... Appellant
-vs-
1.The State of Tamil Nadu
Rep.by its Chief Secretary to Government
Personnel and Administrative
Reforms (S) Department
Secretariat, Fort St.George
Chennai-600 009
2.The State of Tamil Nadu
rep.by its Chief Secretary to Government
School Education Department
Secretariat, Fort St.George
Chennai-600 009
3.The Commissioner of School Education
O/o.The Commissioner of
School Education Department
College Road, Chennai-600 006
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W.A.(MD) No.1237 of 2023
4.The Director of School Education
DPI Campus, College Road
Chennai-600 006
5.The Chief Educational Officer
Sivagangai District
Sivagangai ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 08.07.2020, passed in W.P.(MD) No.7338 of 2020, on the file of
this Court.
For Appellant : Mr.S.Bharathy Kannan
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
JUDGMENT
[Judgment of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]
This writ appeal is directed against the order of the learned Single
Judge, dated 08.07.2020, dismissing the writ petition in W.P.(MD) No.7338 of
2020 filed by the appellant herein.
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W.A.(MD) No.1237 of 2023
2. In the said writ petition, the appellant challenged the
Government Order in G.O.(Ms) No.51, Personnel and Administrative Reforms
(S) Department, dated 07.05.2020, insofar as it restricts the benefit of
extension of superannuation date to those, who are in service on the date of
the said Government Order.
3. The case of the appellant is that when the Government had
decided to extend the retirement age from 58 to 59 years in terms of the said
G.O.(Ms) No.51, dated 07.05.2020, it should have been made applicable to all
the employees and just because, the appellant was not in service as on
07.05.2020, he should not have been left out. Therefore, it is the case of the
appellant that the cut off date prescribed under the said Government Order is
artificial in nature.
4. The learned Single Judge considered the case of the appellant
and the fact that the appellant attained the age of superannuation on
29.02.2020 even prior to the date of the said Government Order and it is only
on reemployment, he was continuing in service till 31.05.2020 i.e. till the end
of the academic year and the said reemployment was contractual in nature
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W.A.(MD) No.1237 of 2023
and therefore, there is a difference between the service of the regular
employee, who is yet to retire and the service of the contractual employee, who
was in service. Therefore, when the appellant belonged to a different class, the
learned Single Judge has held that G.O.(Ms) No.51, dated 07.05.2020, cannot
be said to be discriminatory and dismissed the writ petition. Aggrieved by the
same, the present writ appeal is filed before this Court.
5. Though this writ appeal has been filed raising very many
grounds, when this Court posed a query as to the decisions, which are
rendered in several connected matters affirming the same view of the learned
Single Judge, learned counsel for the appellant has no answer. As rightly held
by the learned Single Judge, the cut off date cannot be held to be artificial.
The Government Order extended the age of superannuation only to those, who
are in service. Admittedly, the appellant attained the age of superannuation
on 29.02.2020 and he was only on reemployment till 31.05.2020 viz., till the
end of academic year. In that view of the matter, no exception whatsoever can
be taken in respect of the decision of the employer to extend the age of
superannuation in respect of its existing employees and the appellant does not
have any right to insist for increasing the age of superannuation. In the
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W.A.(MD) No.1237 of 2023
absence of any right and when the Government Order in G.O.(Ms) No.51,
dated 07.05.2020, is not applicable to the case of the appellant, this writ
appeal is bound to fail.
6. Accordingly, this writ appeal is dismissed. There is no order as
to costs. Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
01.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Chief Secretary to Government,
Personnel and Administrative
Reforms (S) Department,
State of Tamil Nadu,
Secretariat, Fort St.George,
Chennai-600 009.
2.The Chief Secretary to Government,
School Education Department,
State of Tamil Nadu,
Secretariat, Fort St.George,
Chennai-600 009.
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W.A.(MD) No.1237 of 2023
3.The Commissioner of School Education,
O/o.The Commissioner of
School Education Department,
College Road, Chennai-600 006.
4.The Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
5.The Chief Educational Officer,
Sivagangai District,
Sivagangai.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1237 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
krk
W.A.(MD) No.1237 of 2023
and
C.M.P.(MD) No.9272 of 2023
01.08.2023
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https://www.mhc.tn.gov.in/judis
