K K NANJAPPAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner seeks writ of certiorarified mandamus to quash the proceedings of the third respondent in Na.Ka.20987/2002/A7 dated 28.6.2003 and direct the 3rd respondent to reinstate the petitioner in the post which he held and other appropriate directions.

(2.) THE petitioner was appointed Village menial of Kalanjiyam village by the 3rd respondent in his proceedings dated 24.7.1974 on permanent basis. At the time of his appointment, there was no evidence produced regarding the petitioner's date of birth and the same was notified as 13.5.1947. By G.O.Ms.No.625 Revenue Department dated 6.7.1995, the Village Assistants have been brought under scale of pay as Government servants with effect from 1.6.1995. Consequent to that, the Government framed service rules in G.O.Ms.No.521 Revenue (Services VII) Department dated 17.6.1998 and as per the said G.O., every person appointed to the post of Village Assistant shall retire on attaining age of sixty years.

(3.) LEARNED counsel for the petitioner has submitted that without keeping in view that the date of birth of petitioner was originally recorded as 13.5.1947, the impugned order came to be passed. LEARNED counsel for petitioner would further submit that the extreme punishment of advance retirement would clearly show the malafide act of the 3rd respondent and therefore the impugned order cannot be sustained.