Chennai: The Madras high court has dismissed a petition filed by a retired judicial officer, who was permitted to continue his service beyond the retirement age of 58 years and up to 60 years, subject to the approval of the Full Court of the Madras HC, but after 8 months, he was relieved from the services of Tamil Nadu Judicial Service, following the decision of the Full Court, challenging his removal.
A division bench comprising Justices R.Subbiah and C.Saravanan dismissed the petition filed by S.Natarajan, which sought to quash an order of the Registrar General of the Madras high court dated December 10, 2018 and consequently direct the RG of the Madras high court to retain him in service up to the age of 60 years.
The bench said it was vehemently contended by senior counsel P.Wilson for the petitioner that there was no material available to the Full Court, which resulted in the discontinuance of service of the petitioner beyond the age of 58 years. “We are not inclined to accede to such submission of the senior counsel for the petitioner. At the first blush, when the Full Court of this court unanimously resolved not to extend the service of the petitioner beyond the age of 58 years, it cannot be subjected to judicial review. Moreover, the Full Court always will be in possession of all the requisite records in relation to the service of the petitioner, from the date of his appointment till his retirement. Therefore, it cannot be gainsaid that the Full Court has taken such a decision to discontinue the service of the petitioner without any material records. In any event, such a decision taken by the Full Court cannot be re-appreciated by this court in exercise of powers conferred under Article 226 of the constitution of India”, the bench added.
