DISTRICT COLLECTOR SALEM, SALEM DISTRICT Vs. K SUBRAMANIAN

JUDGEMENT

(1.) The respondent was appointed as a Ward Boy and he was attached to a local body in the District of Salem. Subsequently, the Government issued order in G.O.Ms.No.39, Rural Development & Panchayat (E5) Department, dated 04 May, 2006 and a consequential order dated 20 December, 2007 absorbing the Doctors and Ward Boys in the Rural Dispensary Department employed earlier into Indian Medicine and Homeopathy Department. The Government Order was issued after formation of the Indian Medicine and Homeopathy Department. The Ward Boys like the respondent were all transferred to the newly created Department. The age for retirement of Ward Boy is stated to be 60 years, in view of their employment in the Indian Medicine and Homeopathy Department.

(2.) The respondent was made to retire at the age of 58. The respondent, after his retirement, made a claim that being a Ward Boy, he should retire only after attaining 60 and as such, his premature retirement was not justifiable. The request was not considered. The respondent, therefore, filed a writ petition in W.P.No.16115 of 2009 challenging his order of retirement at the age of 58.

(3.) The learned Single Judge found that under similar circumstances, other employees were permitted to retire at the age of 60 and that the respondent being a last grade servant would retire only after attaining the age 60, and therefore, directed the appellants to pay him the salary for a period of two years. The order directing payment of salary was passed on account of the subsequent events relating to the expiry of two years, meaning thereby, the age of retirement, viz., 60 years. The order is under challenge at the instance of the State.