A.MOHAMED JIYAPUTHEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed to challenge the orders dtd. 30/11/2021 and 8/12/2021, by which the petitioner was given compulsory retirement. The challenge to the order was made with an alternative prayer to retire the petitioner voluntarily.

(2.) Learned Senior Counsel appearing for the petitioner submitted that a decision not to extend the period of service after attaining the age of 55 years and a decision for compulsory retirement of the petitioner was taken in reference to only one remark of 'below average'. In any case, the petitioner does not intend to challenge the order, but asking to substitute the order of compulsory retirement by the order of voluntary retirement. The petitioner sent representations to permit him to voluntarily retire before issuing the order impugned herein.

(3.) The only remark of "below average" could not have been considered for compulsory retirement of the petitioner. The petitioner having attained the age of 56 years, now, seeks to accept voluntary retirement in place of compulsory retirement.