A.Victor v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and M.P.No.1 of 2008 A.Victor ... Petitioner -vs1.The Director of School Education, College Road, Chennai - 6.

2.The Inspector of Matriculation Schools, Near Theppakkulam, Kancheepuram.

3.Archidiocean Board of Education, Pondicherry, rep. by its Secretary, Bishop House, Pondicherry.

4.St.Paul's Matriculation Higher Secondary School, Rep. by its Correspondent and Principal, Thanthai Periyar Road, Block-4, Neyveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, 1/5

pleased to issue a Writ of declaration, declaring that the action of the respondents 3 and 4 in reducing the age of retirement from 60 years to 58 years and prematurely retiring the petitioner from service with effect from 31.08.2007 contrary to Code No.18(i) of the Code of Regulations for Matriculation Schools, Tamilnadu as null and void and illegal and consequently direct the respondents to give the petitioner employment in accordance with Code No.18(i) of the Code of Regulations for Matriculation Schools, Tamilnadu, with arrears and all other consequential benefits, together with interest, Award costs. For Petitioner : Mr.V.Ajoy Khose For Respondents : Mr.R.Neethi Perumal, 1, 2 Government Advocate For Respondent 4 : Mr.V.Haribabu For Respondent 3 : No Appearance **********

ORDER

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This writ petition filed to declaring that the action of the respondents 3 and 4 in reducing the age of retirement from 60 years to 58 years and prematurely retiring the petitioner from service with effect from 31.08.2007 contrary to Code No.18(i) of the Code of Regulations for Matriculation Schools, Tamilnadu as null and void and illegal and consequently direct the respondents to give the petitioner employment in accordance with Code No.18(i) of the Code of Regulations for Matriculation Schools, Tamilnadu, with arrears and all other consequential benefits, together with interest, Award costs.

2. Learned counsel for both sides are present. Learned Government Advocate appearing for the first respondent submitted that the petitioner has passed away on 24.11.2022 and the same was also informed by the fourth respondent.

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3. In view of the above submission, W.P.No.27320 of 2008 is dismissed as abated. No costs. Consequently, the connected M.P.No.1 of 2008 is closed.

21.06.2023 rna Index : Yes / No Internet : Yes / No To 1.The Director of School Education, College Road, Chennai - 6.

2.The Inspector of Matriculation Schools, Near Theppakkulam, Kancheepuram.

3.Archidiocean Board of Education, Pondicherry, rep. by its Secretary, Bishop House, Pondicherry.

4.St.Paul's Matriculation Higher Secondary School, Rep. by its Correspondent and Principal, Thanthai Periyar Road, Block-4, Neyveli.

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J.SATHYA NARAYANA PRASAD,J rna and M.P.No.1 of 2008 21.06.2023 5/5