Madras High Court
Dr.P.Nagoorkani vs The Principal Secretary To ... on 10 October, 2023
W.A.(MD)No.1811 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1811 of 2023
and
C.M.P.(MD)No.13788 of 2023
Dr.P.Nagoorkani ... Appellant
Vs.
1.The Principal Secretary to Government,
Higher Education Department,
Government of Tamil Nadu,
Secretariat,
Chennai – 600 009.
2.The Registrar,
Madurai Kamaraj University,
Madurai – 625 021. ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.16020 of 2023, dated 04.07.2023 and allow the
above Writ Appeal.
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1811 of 2023
For Appellant : Dr.A.E.Chelliah,
Senior Counsel
for Mr.A.D.Ganeshamoorthi
For Respondent No.1 : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent No.2 : Mr.T.Cibi Chakkaraborthy
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The Writ Appeal has been instituted challenging the order dated
04.07.2023 passed in W.P.(MD)No.16020 of 2023.
2.Regulating the service conditions of the employees are the prerogative
of the employer concerned, unless such service conditions are held as violative of
the statutory provisions or unconstitutional. Courts are not vested with the powers
to regulate the service conditions and the power of judicial review under Article
226 cannot be expanded for the purpose of prescription of retirement age which is
a policy decision to be determined by the concerned Government.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1811 of 2023
3.As per the Government of Tamil Nadu, the retirement age for the
Assistant Professors and Head of Departments in Universities are fixed as
60 years. It is not in dispute that the appellant was allowed to retire from service
on attaining the age of superannuation of 60 years on 30.06.2023.
4.Learned Senior Counsel Dr.A.E.Chelliah, appearing on behalf of the
appellant mainly contended that there is a discrimination in the matter of fixation
of retirement age in comparison with the Government of Andhra Pradesh and West
Bengal and those Governments have fixed the age of retirement for teaching staff
in Universities as 65 years. Tamil Nadu Government being a Welfare State is
expected to adopt the said policy for the benefit of the teaching staff in colleges
and Universities.
5.It is very hard to accept the arguments of the learned Senior Counsel.
If any direction is issued to enhance the retirement age, it would stand beyond the
scope of the judicial review. Prescription of age, educational qualification and
other criterias for appointment are to be fixed by the University by following the
procedures as contemplated under the statutes and Rules in force.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1811 of 2023
6.Therefore, we do not find any infirmity in respect of the findings made
by the learned Single Judge in the writ petition. The learned Senior Counsel
appearing on behalf of the appellant urged us by stating that the representation
submitted by the appellant before the Government in this regard is pending for
about 1 ½ years. It is for the petitioner to pursue the same before the Government
either through himself or through Service Associations or otherwise. However, the
High Court cannot suggest that the age of retirement has to be enhanced or
otherwise, which is the prerogative of the employer concerned. Thus, we confirm
the order passed in W.P.(MD)No.16020 of 2023 dated 04.07.2023.
7.Learned Senior Counsel brought to our notice that the terminal and
retirement benefits due to the appellant is yet to be settled.
8.In this regard, the respondents are directed to settle the retirement
benefits due to the appellant if there is no other impediment, as expeditiously as
possible without causing any undue delay.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1811 of 2023
9.Accordingly, the Writ Appeal stands dismissed. There shall be no
order as to costs. Consequently, the connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
10.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MR
To
The Principal Secretary to Government,
Higher Education Department,
Government of Tamil Nadu,
Secretariat,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1811 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
MR
W.A.(MD)No.1811 of 2023
10.10.2023
https://www.mhc.tn.gov.in/judis
