(1.) Claiming himself to be the President of RICA Employees Union (AITUC), Registration No.953/NAT, Vellore, Mr. P.H.C.M. Gandhi, has filed the instant W.P.No.21221 of 2016, for a writ of declaration to declare Part I (iii)-3 of the APCA Service Rules, 1997 as null and void and unconstitutional, insofar as the existing retirement age of 58 years, is concerned and prayed for a direction to the Chairman, Board of Management of the Academy of Prisons & Correctional Administrations, Vellore, the first respondent herein, to implement G.O.Ms.No.147 Finance (HRM-IV) Finance Department dated 30.06.2014, issued by the Government of Andhra Pradesh, to the members of petitioner union, and to fix the retirement age as 60 years, on superannuation with retrospective effect, by invoking the provisions of Rule Part II(i)-28 and Rule Part II (ix)-9 of APCA Service Rules, 1997, duly reinstating the members of the petitioner union, relieved from service, at the age of 58 years in service, and to permit them to draw back-wages, with continuity of service, with all other attendant benefits thereon, within a time frame, as may be fixed by this Honourable Court.
(2.) The petitioner has contended that formerly, Regional Institute of Correctional Administrations (in short RICA) was formed with an object of imparting training, in correctional administration and allied subjects to the Officers, in the rank of Assistant Jailers to Superintendent of Prisons, and equivalent ranks, and above the level of Supervisory officers of allied department of the States of Andhra Pradesh, Telangana, Karnataka, Kerala and Tamil Nadu, with special reference to criminal justice, and for educational purpose, incidental thereto. The said institute was registered on 03.07.1986 under the Tamil Nadu Societies and Registration Act, 1975 with Registration No.76/86. The Management of the institute is vested with the Board of Management comprising of members, representing the participating States and Union Government, as per RICA Service Rules, details of which are extracted. <FRM>JUDGEMENT_166_LAWS(MAD)1_2017.html</FRM>
(3.) The petitioner has further contended that draft service rules were framed in the year 1997 by APCA and approved by the participating State Governments and Government of India, in the year 2003. At the time, when the draft rules were framed in 1997, the retirement age on attaining the age of superannuation to the employees of the participating states and Union Government was fixed as hereunder: <FRM>JUDGEMENT_166_LAWS(MAD)1_2017_1.html</FRM>
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