S.GUNASEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge in this Writ Petition is to the order of compulsory retirement issued by the Government accepting the recommendation of the High Court, compulsorily retiring the petitioner with effect from the date of service of the Government Order and on payment of three months pay and allowances in lieu of three months notice.

(2.) The petitioner was appointed as a District Judge, entry Level on 4/4/2018. He was placed under suspension in contemplation of an enquiry into grave charges on 8/4/2020. On the same day, the petitioner sought for voluntary retirement. Since the process of initiation of a departmental enquiry was on, the request for voluntary retirement was rejected by the High Court on 3/6/2020. A charge memo was issued on 25/2/2021 and written statement of defence along with preliminary objection were also filed by the petitioner on 7/3/2021.

(3.) In the interregnum, the petitioner completed 58 years of age. Hence, his case was taken up for review as per the directions contained in the judgment of the Hon'ble Supreme Court in All India Judges' Association and others Vs. Union of India and others reported in (1993) 4 SCC 288. The Administrative Committee of the High Court had in its meeting dtd. 15/4/2021 reviewed the case of the petitioner and resolved not to continue the services of the officer till the age of 60 years. Therefore, it was decided to compulsorily retire the officer. This resolution of the Administrative Committee dtd. 15/4/2021 was approved by the Full Court on 22/6/2021. Following the resolution of the Full Court, the Government had issued the impugned order compulsorily retiring the petitioner. Hence, the petitioner has come up with this writ petition.