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MUNISHWAR NATH BHANDARI, N. MALA
A. Mohamed Jiyaputheen – Appellant
Versus
State of Tamil Nadu, Rep. by the Chief Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the entire records pertaining to the impugned order of the first respondent in G.O.(Ms) No.1003 Public (Special-A) Department dated 30.11.2021 and the consequential proceedings in Notification No.295/2021 in R.O.C.4028/2021/B1/Spl.Cell dated 08.12.2021 on the file of the second respondent and quash the said proceedings and direct the respondents to grant liberty to the petitioner in service to retire voluntarily with all consequential and attendant benefits including continuity of service, seniority, promotion, back wages etc. to expunge the adverse remarks in the Annual Confidential Reports of the petitioner.)
Munishwar Nath Bhandari, CJ.
1. This writ petition has been filed to challenge the orders dated 30.11.2021 and 8.12.2021, by which the petitioner was given compulsory retirement. The challenge to the order was made with an alternative prayer to retire the petitioner voluntarily.
2. Learned Senior Counsel appearing for the petitioner submitted that a decision not to extend the period of service after attaining the age of 55 years and a decision
The court has the discretion to accept a petitioner's prayer to substitute the order of compulsory retirement with voluntary retirement, considering the petitioner's age and the nature of the prayer.
Compulsory retirement is not a punishment and does not require a hearing under Article 311; it is based on the government's subjective satisfaction regarding public interest.
An employee can withdraw a request for voluntary retirement before it becomes effective, as established by Supreme Court precedent.
Compulsory retirement of public servants is not punitive; it requires a bona fide evaluation of their service record and public interest without prejudicial stigma.
The assessment of an employee's entire service record is crucial for deciding on compulsory retirement, and the order must be based on proper grounds and subjective satisfaction of the authority.
Compulsory retirement is upheld as a non-punitive measure if based on formal assessments of efficiency; judicial review is limited to ensuring decisions are not arbitrary or mala fide.
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