Case Note & Summary
The petitioner, K. Sankar, was appointed as a Driver in the Anti Tuberculosis Association of Tamil Nadu on 01.09.1998 and his services were subsequently regularized. The retirement age for employees of the Association was 58 years, but the State Government issued G.O.Ms.No.29 dated 25.05.2021 increasing the retirement age of State Government employees to 60 years. The petitioner claimed that the Association is governed by State Government rules regarding retirement age and therefore he is entitled to continue in service till 31.01.2028 (his 60th birthday). He submitted an online representation on 08.12.2025 seeking enhancement of retirement age, but it was not considered. He filed a Writ Petition under Article 226 of the Constitution of India seeking a Mandamus to direct the respondents to continue him in service till 60 years and to consider his representation. The learned counsel for the petitioner submitted that it would suffice if the Court directs the respondents to consider the representation. The Government Advocate had no objection. The Court, without expressing any opinion on merits, directed the respondents to consider the representation dated 08.12.2025 and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of the order. The Writ Petition was disposed of with the above direction.
Headnote
A) Service Law - Retirement Age - Consideration of Representation - G.O.Ms.No.29, Personal & Administrative Reforms Department dated 25.05.2021 - Petitioner, a Driver in the Anti Tuberculosis Association of Tamil Nadu, sought enhancement of retirement age from 58 to 60 years based on a Government Order applicable to State Government employees. The Court directed the respondents to consider the petitioner's representation dated 08.12.2025 on merits within a stipulated time, without expressing any opinion on the merits of the case. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to continue in service till the age of 60 years based on G.O.Ms.No.29 dated 25.05.2021, and whether the respondents should consider his representation.
Final Decision
The Court directed the respondents to consider the petitioner's representation dated 08.12.2025 and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of the order. The Writ Petition was disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Writ of Mandamus
- Consideration of representation
- Retirement age
- G.O.Ms.No.29 dated 25.05.2021
