P.Ramanathan v. The Deputy Registrar(Admn.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Nos.33184 of 2007 and 1039 of 2008 and M.P.No.1 of 2008 W.P.No.33184 of 2007 P.Ramanathan ..Petitioner Vs 1.The Deputy Registrar (Admn), Pondicherry University, Pondicherry - 605 014.

Pondicherry University, Pondicherry - 605 014.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus to call for the records on the file of the 1st respondent in proceedings Ref.No.PU/ESTT/NT10/200708/275 dated 11.07.2007 and quash the same as illegal, incompetent, irregular and without jurisdiction and further direct the respondent No.1 and 2 to enhance the age of superannuation from 62 to 65 years for the Librarians in the Pondicherry University, as the entire provisions contained in the letter dated 23.3.2007 would be applicable to the Librarian.

W.P.No.1039 of 2008 N.Usha Kumari ..Petitioner Vs 1.The Secretary, Ministry of Human Resource Development of Higher Education,

Avinashilingam University for Women, Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus to call for the proceedings No.Ad/144 on the file of the 2nd respondent dated 11.06.2007 and quash the same as illegal, incompetent and further direct the respondent to continue the service of the petitioner as a librarian till 30.06.2010.

For Petitioners : Mr.Mohamed Abdul Rasiq for Mr.V.Raghavachari in both W.Ps For Respondents : Mr.G.Durga Devi for M/s.Bharathi for R1 & R2 (in W.P.No.33184 of 2007) No representation for R3 (in W.P.No.33184 of 2007) No representation for R1 to R3 (in W.P.No.1039 of 2008) C O M M O N O R D E R The petitioners were come forward with these writ petitions, in and by which, they were claiming enhancement of age for superannuation from 62 to 65 years.

2.Though the petitioners were claiming enhancement of age for superannuation from 62 to 65 years, they have already retired from service after attaining the age of superannuation on 06.10.2007 and 09.06.2007 i.e. at the age of 62 years. Subsequently, the writ petitions have been filed in the year 2007, now, we are in 2020. The petitioners have already served up to 62 years and retired from service. Therefore, the claim of the petitioners cannot be considered after fourteen years.

3.Therefore, in the change of circumstances, these writ petitions are dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ms To 1.The Deputy Registrar (Admn), Pondicherry University, Pondicherry - 605 014.

Pondicherry University, Pondicherry - 605 014.

4.The Secretary, Ministry of Human Resource Development of Higher Education, 5.The Registrar, Avinashilingam University for Women, Coimbatore.

+1cc to Ms.A.V.Bharathi, Advocate SR.42106 W.P.Nos.33184 of 2007 and 1039 of 2008 GMR(CO) CB(20/01/2021)