The writ petition is filed under Article 226 in Madras High Court in the case of S. Rajendra v. State of Tamil Nadu. The filing of the writ was to call for the records relating to the first respondent’s impugned order. The order restricts two kinds of people:
- Those who are in regular service on the date;
- Those due to retire on superannuation from 31st July 2020.
The petitioners ask for quashing of the same as it is illegal, it also extends the date of the petitioner’s retirement date. Justice Mrs. V. Bhavani Subbaroyan heard and disposed of the matter of writ petition.
Facts of the Case
The petitioner retired on attaining the age of superannuation on 30.04.2020. He was working as a Junior Training Officer. In an order dated 07.05.2020 State of Tamil Nadu by a GOM increased the age of retirement from 58 years to 59 years. This was on a condition that the employee was in regular service on 07.05.2020. But the petitioner owing to his superannuation dated 31.07.2020 took early retirement on 30.04.2020. Hence, the petitioner seeks the benefit of the GOM.
Arguments of the Parties
Petitioner contended that since they retired owing to the previous condition for superannuation they deserve benefits of the GMO.
The respondents contended that the petitioner retired on 30.04.2020 and was not a regular employee under Government because of the issuance of GMOs. There is no employee-employer relationship between the parties as of 1.05.2020. The Government Order stated that it applies only to regular Government servants. The GMO is considered to come in as prospectively and not retrospectively. Once this situation is allowed, other servants will seek the benefit of the GMO, who retired a few months before the issuance of GMOs, and hence, the GMO should not be made applicable to him.
Observation of the Court
The Court observed that retirement on attaining the age of superannuation, there is no jural relationship between employee-employer. Hence, the employee cannot seek the benefit of the GMO. The Court placed reliance on S. Germani Isabella v. The Chief Secretary to the Government of Tamil Nadu.
Decision of Court
The Court disposed of the petition.
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