Petitioners filed writ petitions challenging the continuation of service for the Managing Director and Executive Director of REPCO Bank beyond 60 years. The Court held that the retirement age for these positions is 62 years. Consequently, the petitions were dismissed.
Writ petitions dismissed. No costs awarded. Connected miscellaneous petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.Nos.8312 and 17765 of 2015
R.Nagaraj
.. Petitioner in W.P.No.8312/2015
B.Murugan
.. Petitioner in
W.P.No.17765/2015 Vs. 1. Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, Government of India, New Delhi-1. 2. The Joint Secretary to the Government of India, Ministry for Personnel, Public Grievances and Pension, (Department of Personnel and Training), New Delhi-1. 3. The Chairman (REPCO Bank) cum the Secretary, Public and Rehabilitation Department, Fort St. George, Chennai-600 009. 4. The Managing Director, REPCO Bank, REPCO Tower, No.33, North Usman Road, T.Nagar, Chennai-600 017.
.. Respondents in W.P.No.8312/2015
| 1. Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs,Government of India, New Delhi. |
|---|
| 2.The Central Registrar of Co-operative Societies cum Joint Secretary to Government, Department of Agriculture & Co-Operation, Ministry of Agriculture, Government of India, New Delhi. |
| 3. The Board of Directors, REPCO Bank, Rep. By its Chairman-cum-Secretary to Government, Public and Rehabilitation Department, Government of Tamil Nadu, Chennai-600 009. |
| 4. The Managing Director, REPCO Bank, REPCO Tower, No.33, North Usman Road, T.Nagar, Chennai-600 017. |
| 5. The Executive Director, REPCO Bank, REPCO Tower, No.33, North Usman Road, T.Nagar, Chennai-600 017. |
| 6. Mr.R.Varadharajan, The Managing Director, REPCO Bank, REPCO Tower, |
| No.33, North Usman Road, T.Nagar, Chennai-600 017. |
| 7. Mr.K.Rajendran, The Executive Director, REPCO Bank, REPCO Tower, No.33, North Usman Road, T.Nagar, Chennai-600 017. .. Respondents in W.P.No.17765/2015 |
Writ Petition in W.P.No.8312 of 2015 is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing respondents 1 to 3 from allowing the 4th and 5th respondents to continue in service after completion of 60 years of age, particularly, directing the 3rd respondent to implement the proceedings of the 2nd respondent in Office Memorandum No.25012/8/98Estt.(A) Dated 30.05.1998, imposing a complete ban on extension in service beyond 60 years towards the post of the 4th and 5th respondents.
Writ Petition in W.P.No.17765 of 2015 is filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring respondents 6 and 7 functioning in the post of respondents 4 and 5 beyond the age of 60 years is null and void and violation of bye laws and service regulations of the 3rd respondent bank and also directing respondents 1 and 2 to take appropriate action to terminate respondents 6 and 7 from the post of Managing Director and Executive Director respectively in the 3rd respondent bank within the time prescribed by this Court.
For Petitioner : Mr.T.Sellapandian in W.P.8312/2015
For Petitioner : Mr.J.James
in W.P.17765/2015
For Respondents :Mr.K.T.Raghavan,
SCGSC., for R1& R2 in
W.P.8312/2015
Mr.A.Murughan,
CGC., for R1 & R2 in W.P.17765/2015
Mr.G.Rajagopal,
Addl. Solicitor General, Assisted by
Mr.A.Ilangovan for R3 in both WPs.
Mrs.A.V.Bharathi for R4 to R7 in both
WPs.
COMMON ORDER
These writ petitions are filed seeking to forbear
Mr.K.Rajendran, the seventh respondent in both the writ petitions,
from functioning as Executive Director and Mr.R.Varadharajan, the
sixth respondent in both the writ petitions, from functioning as
Managing Director of REPCO Bank beyond 60 years of age.
Sd/-
Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
To
5.The Board of Directors, REPCO Bank, Rep. By its Chairman-cum-Secretary to Government, Public and Rehabilitation Department, Government of Tamil Nadu, Chennai-600 009.
+2 copies to Mr.A.Murughan,Advocate, SR 33532, 33533 +1 cc to Mr.K.T. Raghavan,Advocate, SR 33235 +1 cc to Mr.J.James, Advocate, SR 33111
+2 copies to Mr.A.Ilangovan, Advocate,SR 33190 and 33191
+2 copies to Mrs.A.V. Bharathi, Advocate, SR 33195,33196.
W.P.Nos.8312 & 17765 of 2015
ak(co) kra(23/07)
2 issues framed by the court
Whether the High Court should prohibit the Managing Director and Executive Director of REPCO Bank from continuing service if the retirement age is 60 years.
Whether the retirement age limit for Executive Director and Managing Director is 62 years, creating no legal bar for extension up to that age.
1 provisions across 1 enactments
R. Nagaraj
B. Murugan
Union of India
REPCO Bank
D. Hariparaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
