SECRETARY TO GOVERNMENT Vs. S.BRIGHT SOLOMON

JUDGEMENT

(1.) The State of Tamil Nadu is the appellant herein, seeks to challenge the order dated 09.02.2015 passed in W.P.(MD) Nos.10811 and 10904 of 2014.

(2.) The respondents, who were facing criminal cases, were not permitted to retire by the Appellant Department, when they attained the age of superannuation on 29.02.2000 and 31.05.2004 respectively. Along with the respondents, few other serving employees were also facing departmental proceedings. When they reached superannuation, they were also not permitted to retire. They approached this Court and obtained orders permitting them to retire, which orders were taken upto the Hon'ble Supreme Court. The respondents petitioners claiming parity approached this Court by filing the instant writ petitions by challenging the orders of not permitting them to retire from service and also for other retiral benefits. The learned Single Judge, after finding that the case of the respondents petitioners are identical to that of the other co-delinquents, has allowed the writ petitions. It is those orders, which have been assailed in the present Writ Appeals.

(3.) The learned counsel for the State places reliance on Rule 56(1)(c) of the Fundamental Rules to contend that the Government has no other option except to place the employees under suspension and not permit them to retire in view of the fact that the employees were facing criminal cases. This Rule was applicable to all the other co-delinquents.