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Madras High CourtWP/26878/2015dismissed as infructuous

Dr. P.Balan, v. The State Of Tamil Nadu,

2025-01-21Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.26878 of 2015 and M.P.No.1 of 2015 Dr.P.Balan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Secretary to Government, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Registrar, Madras University, Chepauk, Chennai-600 005.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Declaration declaring the Chapter XXIV of the Madras University Act as unconstitutional, illegal and arbitrary in so far the age of retirement as 58 years for the non teaching staff working in the Madras University null and void and consequently revise the age of retirement of non teaching staff as 60 years in par with teaching staff and class IV of non teaching staff.

Page No.1 of 4

For Petitioner :

Mr.S.Govindaswamy For R1 :

Mr.C.Jayaprakash Government Advocate For R2 : Mr.M.Arunkumar

ORDER

This writ petition has been filed seeking writ of declaration to declare the Chapter XXIV of the Madras University Act as unconstitutional and arbitrary insofar as fixing the age of retirement as 58 years for the non teaching staff working in the Madras University and sought for consequential direction for revising the age of retirement of non teaching staff as 60 years. 2.

Today, when the matter is taken up for consideration, it is brought to the notice of this Court that the petitioner has already attained the age of superannuation on 31.08.2015, that is, a week after filing of the present writ petition and subsequently, the age of superannuation has been enhanced to 60 years by the respondents themselves. Page No.2 of 4

3.

In view of the same, the relief sought in this writ petition has become infructuous. Hence, the writ petition is dismissed as infructuous. The connected miscellaneous petitions, if any, shall stand closed. No costs. 21.01.2025 dpa Index :

Yes/No Speaking Order :

Yes/No To:

1.The Secretary to Government, State of Tamil Nadu, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Registrar, Madras University, Chepauk, Chennai-600 005.

Page No.3 of 4

MUMMINENI SUDHEER KUMAR,J.

dpa W.P.No.26878 of 2015 21.01.2025 Page No.4 of 4