G.EBINAZER Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioners in this writ petition, seek to challenge a communication dated 26.11.2009 sent by the Managing Director of Tamil Nadu Horticultural Development Agency (for short TANHODA) addressed to the Joint Director of Horticulture, Udagamandalam, Krishnagiri and other farms, in so far as the said communication has fixed 58 years as the age of superannuation for employees, whose services were regularised and brought under the control of Horticulture Department. When the writ petition came up on 20.7.2012, this Court directed the learned Additional Government Pleader to get instructions from the respondents. Accordingly, a counter affidavit dated Nil (October 2012) has been filed on behalf of the second respondent.

(2.) The case of the petitioners were as follows:

(3.) Subsequent to the said communication, the Association to which the petitioners belong sent a representation to the first respondent stating that the age of retirement for Mazdoor working in the same department, with salary of Rs. 4800/- was fixed as 60 years, and therefore, they demanded that the same retirement age as extended to the Mazdoor namely 60 years to be fixed even for persons who were brought under time scale of pay.