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Madras High CourtWP/1181/2022disposed of

R.Sivadasan v. The Director General

2022-03-03Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and WMP.No.1255 of 2022 R.Sivadasan ..

Petitioner vs.

1.The Director General, Directorate General CRPF, (The President of CRPF ITI), CGO Complex, Lodhi Road, New Delhi-110 003.

2.The Inspector General of Police, Southern Sector, CRPF, (The Chairman, CRPF ITI, CRPF Employees Educational Society), Road No.10C, Jubilee Hills, Near MLA/MPs Colony, Gayathri Hills, Hyderabad-500 033.

3.The DIG (Welfare), CRPF Employees Educational Society, Directorate General, CRPF, CGO Complex, Lodhi Road, New Delhi-110 003.

4.The DIGP Cum Manager, CRPF ITI, Group Centre, CRPF, Avadi, Chennai-600 065.

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5.The Principal, CRPF ITI, Group Centre, CRPF, Avadi, Chennai.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the order dated 05.01.2022 of the 4th respondent in Proceedings No.M.V.1/2020-EC-3(ITI) vide which the petitioner's retirement date on superannuation has been fixed on 31.03.2022 on attaining the age of 58 years instead of 60 years and quash the same and direct the respondents to allow him to continue his service till attaining the age of 60 years at par with the employees of Central Government and Tamil Nadu State Government. For Petitioner : Mr.R.Meenakshmi For Respondents : Mr.A.Kumaraguru, Senior Panel Standing Counsel for R1 to R5

O R D E R

By consent this Writ Petition is taken up for final disposal.

2. Challenge in the writ petition is to the impugned order of the fourth respondent dated 05.01.2022, by which the petitioner's retirement date on superannuation has been fixed on 31.03.2022, on attaining the age of 58, years instead of 60 years and quash the same and direct the respondents to allow him to continue his service till attaining the age of 60 years at par with the employees of Central Government and Tamil Nadu State Government. 2/5

3. The learned counsel for the petitioner submitted that it would be suffice if the representation submitted by the petitioner has been considered.

4. The learned Standing Counsel for the respondents submitted that the third respondent is a Society registered under the Societies Act and the prayer as against the third respondent is not maintainable under Article 226 of the Constitution of India and it is for the fourth respondent to consider the request of the petitioner and to take appropriate decision for extension of age.

5. In view of the aforesaid request made by the learned counsel for the petitioner, this Court directs the fourth respondent to consider the request of the petitioner and pass orders on merits and in accordance with law, as expeditiously as possible.

6. The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 03.03.2022 Index : Yes / No Internet : Yes / No Jvm 3/5

D.KRISHNAKUMAR. J Jvm To 1.The Director General, Directorate General CRPF, (The President of CRPF ITI), CGO Complex, Lodhi Road, New Delhi-110 003.

2.The Inspector General of Police, Southern Sector, CRPF, (The Chairman, CRPF ITI, CRPF Employees Educational Society), Road No.10C, Jubilee Hills, Near MLA/MPs Colony, Gayathri Hills, Hyderabad-500 033.

3.The DIG (Welfare), CRPF Employees Educational Society, Directorate General, CRPF, CGO Complex, Lodhi Road, New Delhi-110 003.

4.The DIGP Cum Manager, CRPF ITI, Group Centre, CRPF, Avadi, Chennai-600 065.

5.The Principal, CRPF ITI, Group Centre, CRPF, Avadi, Chennai.

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