The central legal point established in the judgment is the interpretation and application of Rule 56(1) governing retirement on superannuation for government servants.

P. Jyothimani, J.

1. The writ appeal is directed against the order of the learned Judge on the writ side, by which the learned Judge has set aside the order impugned in the writ petition passed by the Government of Tamil Nadu, the first appellant herein in G.O.(D) Nos.578 and 579 Health and Family Welfare Department, dated 30.06.2006.

2. Under the said impugned Government Order, the respondent herein, original writ petitioner was placed under suspension on the last date of her retirement, viz., 30.06.2006 and also not allowed to retire, since enquiry into grave charges against her is contemplated.

3. It appears that as against the respondent there was an earlier order of suspension dated 05.08.2005 and charge memo dated 210. 2005 which was issued under Rule 17(b) of the Tamil Nadu Government Servant (Discipline and Appeal) Rules. The allegations therein were that the respondent demanded and accepted bribe regularly every month at the rate of Rs.1,000/-per Medical Officer; that the respondent directed the Medical Officers to collect and pay Rs.400/- each for male child born and Rs.300/-each for female child born in the Government Hospitals; that the respondent has collected Rs.2,000/- and Rs.5,000/-from Government employees appearing before the Medical Board; and that the respondent has been instructing the patients to take X-rays from outside.

4. It is seen that the respondent has challenged the said charge memo as well as suspension order in W.P.No.2461 of 2006, and pending the said writ petition, the appellants have revoked the order of suspension dated 05.08.2005 and the writ petition came to be disposed of by order dated 28.07.2006, by which the charges were quashed on the ground that the charges are vague. The order passed in the said writ petition has admittedly become final since no appeal has been filed against the same. When the said writ petition was pending, the present impugned order dated 30.06.2006 came to be passed.

5. It is stated that the actual date of attainment of superannuation of the respondent was 07.06.2006 and by virtue of the Fundamental Rules, especially Rule 56(1), the respondent was allowed to work till the end of the said month, viz., 30.06.2006.

6. The learned senior counsel appearing for the respondent would rely upon the judgment of this Court in A.Bommusamy vs. The Government of Tamil Nadu, rep. by its Secretary to Government, Co.operation, Food and Consumer Protection Department, Fort St.George, Chennai and others [2007 (3) CTC 518], to substantiate his contention that when the actual date of retirement of the respondent was 07.06.2006, the impugned order of suspension dated 30.06.2006, is not sustainable since by that time the respondent has reached the age of superannuation and there was nothing to be suspended. It is true that this Court in the said judgment has held that when the date of retirement in that case was 11.03.1987, the suspension order came to be passed on 25.03.1987 by invoking G.O.173, is not valid.

7. A reading of the above cited judgment makes it clear that this Court has not considered the Fundamental Rules, especially, Rule 56(1), which reads as under:

"Rule 56(1) Retirement on Superannuation.-

(a) Every Government servant in the superior service shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty-eight years. He shall not be retained in service after that age except with the sanction of the Government on public grounds, which must be recorded in writing but he shall not be retained after the age of sixty years except in very special circumstances.

Provided that this clause shall not apply to Government servants who are treated as in superior service for the purpose of these rules but as in the Tamil Nadu Basic Service for the purpose of pension. Such government servants as well as all basic servants shall retire on attaining the age of sixty years:

Provided further that on and from the 1st Janua