Retirement: Madras High Court rules against suspension of employee nearing retirement | Madurai News

Madurai: Provide relief to a government Employees to whom was subordinated suspension On the day of his retirement, the Madras High Court directed the authorities to allow him to retire and provide all financial benefits. The court was hearing the petition filed by K. Saravanan.
The petitioner, an employee of the School Education Department in Sivaganga District, was suspended on the day of his retirement in 2022 and was not allowed to retire. The authorities then issued him an indictment. The allegation was that the petitioner obtained a compassionate appointment in 1989 by concealing the fact that his mother was in government service and by stating that she had abandoned him when he was young. Saravanan had filed the present petition in 2022 against the stay order and charge sheet.
Justice RN Manjula noted that it has been established time and again that an employer should not resort to the practice of suspending an employee on the day of his or her termination retirement or is about to retire and initiates disciplinary proceedings after a considerable period of time has elapsed. The government itself had issued guidelines in this regard in a GO in 2007.
If the suspension order itself was unlawful, it was needless to say that the follow-up action after almost 25 years was also completely illogical, the judge noted.
After allowing the petitioner to serve, the authorities suspended the petitioner and issued the indictment finding that he had concealed material facts in securing employment. “Such action is in itself a travesty and would not only cause inconvenience to the government but also discourage the morale of the government employees who have rendered their services till the age of retirement,” the judge observed.
There can be no mental anguish for an employee other than suspending him at the exact moment of his retirement. Therefore, the judge revoked the suspension order and charge sheet that the authorities had issued to the petitioner.
The judge also ordered the authorities to allow the plaintiff to leave the service with all related benefits effective October 31, 2022 and to release the final benefits within six weeks.

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