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WA No. 91 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE SHAMIM AHMED

WA No. 91 of 2026

&

CMP NO. 780 OF 2026

1. The Secretary To Government

Health and Family Welfare Department,

Senior Vice Chairman,

The Anti Tuberculosis Association of Tamil

Nadu,

Fort St. George,

Secretariat,

Chennai 9.

2. The Director Of Medical And Rural Services

Vice Chairman,

The Anti Tuberculosis Association of Tamil

Nadu,

359-361, Anna Salai,

DMS Campus, III Floor,

Teynampet,

Chennai 6

3. The Director Of Public Health And Preventive

Medicine

Ex Officio Member,

The Anti Tuberculosis Association of Tamil

Nadu,

359-361, Anna Salai,

DMS Campus, III Floor,

Teynampet,

Chennai 6

4. The Additional Director Of Medical And Rural

Health Services TB/State TB Officer

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WA No. 91 of 2026

Honorary Secretary,

The Anti Tuberculosis Association of Tamil

Nadu,

No.359 Anna Salai,

DMS Campus, Block III,

2nd Floor,

Teynampet,

Chennai 6.

..Appellant(s)

Vs

R. Suseela

W/o.B.Karthikeyan,

Old No. 36, Parthasarathy Pettai St,

Vellala Teynampet,

Chennai 86.

..Respondent(s)

Prayer: Writ Appeal filed under clause 15 of the Letters patent to set aside the

order made in W.P.No.13877 of 2024 dated 14.08.2025 and allow the Writ

Appeal.

For Appellant : Ms. Dakshayani Reddy,

Senior Counsel for

Mr.T.K.Saravanan,

Addl. Govt. Pleader

For Respondent : Mr. J. Jayamalan

JUDGMENT

(Judgment of the Court was delivered by R.Suresh Kumar J.)

The Respondent/Writ Petitioner was appointed at the Appellant Society

i.e., Association called Anti TB Association of Tamil Nadu under Rule 12(c) of

the Rules of the Association as Junior Assistant cum Typist by the

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WA No. 91 of 2026

appointment order issued by the Honorary Secretary of the Association, dated

28.07.1999. She has completed her probation on 28.07.2001 and she had been

continuously working.

2. Initially, the superannuation age of the employees of the Association

since, was on par with the Government employees, i.e., 58 years. Subsequently,

the Government, by two Government Orders in G.O.Ms.No.51, P&AR

Department, dated 07.05.2020 and G.O.Ms.29, PR&AR Department, dated

25.02.2021, extended the superannuation age to 59 years and 60 years

respectively. Therefore, all the Government servants since are getting the

superannuation age up to 60 years, that period is extendable to the Employees

Association also including the present Writ Petitioner/Respondent and

therefore, she is entitled to continue to work till she attains the superannuation

on 31.08.2025, was the contention of her.

3. However, on 01.04.2024, an order has been passed by the 4th

appellant, whereby, it has been declared that by 31.03.2024, the Writ

Petitioner/Respondent is retiring from service, as she already crossed the

superannuation age, thereby, the extended period of superannuation up to 60

years, i.e., up to 31.08.2025 since has been denied to the Writ Petitioner, she

approached the Writ Court, challenging the said order dated 01.04.2024 and for

a consequential relief.

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WA No. 91 of 2026

4. The learned Writ Court, having considered the factual matrix, especially,

in the context of the superannuation age having been extended to 60 years by

two Government Orders, as stated supra, the same benefit is extendable to all

employees of the Association also, for which, a resolution should have been

passed by the Executive Committee. Merely, because the Executive Committee

had not passed any resolution, as they did not have a meeting in time, such a

benefit cannot be denied to the Writ Petitioner. Therefore, on that ground, the

learned Judge, allowed the said Writ Petition through the impugned order dated

14.08.2025.

5. Though the said order was passed on 14.08.2025, when the order was

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