In a significant verdict, the Madras High Court has ruled in favour of a government employee who faced suspension on the day of his retirement. The court directed the authorities to allow the employee, K Saravanan, to retire and receive all rightful monetary benefits.
Saravanan, an employee of the school education department in Sivaganga district, was suspended on the day of his superannuation in 2022 and was denied the opportunity to retire. Allegations surfaced that he secured his position through false means, stating that his mother, a government servant, had deserted him during his youth.
Challenging the suspension and subsequent charge memo, Saravanan petitioned the court, highlighting the injustice of being suspended after dedicating years of service to the government.
Justice Manjula condemned the suspension order and deemed it illegal and illogical, given its timing and the significant delay in issuing the charge memo.
It also emphasised that such actions not only undermine employee morale but also violate government guidelines against suspending employees on the verge of retirement. The court remarked that it has been consistently emphasised that employers should refrain from suspending employees on the brink of retirement or on the day of retirement and then initiating disciplinary actions after a significant period has elapsed. Government guidelines, outlined in a 2007 government order, further support this stance.
Regarding the illegality of the suspension order, the judge highlighted the absurdity of issuing a charge memo nearly 25 years later. The petitioner had been allowed to complete their service, only to be suspended afterward and accused of suppressing crucial information during employment application. The court criticised this sequence of events as a mockery, asserting that such actions not only inconvenience the government but also demoralise employees who faithfully serve until retirement age.
Furthermore, the Court directed the authorities to allow Saravanan to retire with full benefits effective from 31 October, 2022, and release his terminal benefits within six weeks. This verdict underscores the importance of upholding employee rights and fair treatment, particularly during transitional periods such as retirement.
