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2017 Supreme(Mad) 127
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR & N. AUTHINATHAN, JJ.
P.H.C.M. Gandhi President Rica Employees Union (AITUC) – Petitioner
Versus
The Chairman, Board of Management of the Academy of Prisons & Correctional Administrations, Thorapadi – Respondent
Writ Petition No. 21221 of 2016 & WMP No. 18136 of 2016
Decided On : 12-01-2017
For the Petitioners: Mr. L. Chandrakumar for M/s. Law Square.
For the Respondents: Mr. K. Venkataramani for Mr. P. Sanjay Gandhi.
Headnote:
Cinematography Act, 1901 – APCA Service Rules, 1997 – Retirement age on superannuation in respect of all categories – Granted to a theatre proprietor a licence for the exhibition of cinematograph films at his theatre – 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 –Held, words person aggrieved do not really means a man who is disappointed of a benefit which he might have received if some other order had been made – Person aggrieved must be a man who has suffered a legal grievance a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrong fully refused him something, or wrongfully affected his title to something – Ex Parte Stott, is another illustration of a person who had no legal grievance, nor had he sufficient interest in the matter – Licence was subject to the condition that the licensee should not exhibit any film if, he had notice that the licensing authority objected to it – Firm who had acquired the sole right of 1 exhibition of a certain film in the district in which the theatre was situated entered into an agreement with the licensee for the exhibition of the film at his theatre – Licensing authority having given notice to the licensee that it objected to the exhibition of the film, the film applied for a writ of certiorari to bring up the notice to be quash ed on the ground that the condition attached to the licence was unreasonable and void, and that they were aggrieved by the notice as being destructive of their property – It was held that whether the condition was unreasonable or not, the applicants were not persons who were aggrieved by the notice and had no locus standi to maintain the application – writ petition is dismissed.
S. MANIKUMAR, J.
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 Hon'ble 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.
S. No.
Name of the State/ Union Government
Members of the Board of Management
1.
The Government of India
The Deputy Secretary/Director from the Ministry of Home Affairs, Government of India
2.
State of Andhra Pradesh
The Inspector General of Prisons, Andhra Pradesh
3.
State of Tamil Nadu
The Inspector General of Prisons, Tamil Nadu
4.
State of Karnataka
The Inspector General of Prisons, Karnataka
5.
State of Kerala
The Inspector General of Prisons, Kerala
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:-
S. No.
Name of the State/ Union
Retirement age for Superior Service
Retirement age for Inferior service
1.
Government of India
60 years
60 years
2.
State of Andhra Pradesh
58 years
58 years
3.
State of Tamil Nadu
58 years
60 years
4.
State of Karnataka
58 years
58 years
5.
State of Kerala
55 years
56 years
4. It is the submission of the petitioner that, while approving the draft APCA (RICA) Service Rules, the retirement age of superior and inferior service of the employees of the States of Tamil Nadu and Kerala was as follows:-
State of Tamil Nadu
58 years (Superior) - 60 years (Inferior)
State of Kerala
55 years (Superior) - 56 years (Inferior)
5. According to the petitioner, the retirement age on superannuation in re
