Juliet Premkumari v. Central Board Of Sec. Edu.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN & MP.No.1 of 2015 Juliet Premkumari ..Petitioner vs.

1.The Central Board of Secondary Education, rep by its Secretary, PS-1-2-Institutional Area I.P.Extn, Patparangi, Delhi-110092 Having its regional office at Plot no.1630A, ''J'' Block, 16th Main Road, Chennai-600 040.

2.The Director, Ordinance Factory Board, Esplanade East, Kolkata-700 069 3.The General Manager, Heavy Vehicle Factory, Avadi, Chennai-600 054 4.The Chairman, 1/5

5.The Secretary, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to treat the service of the petitioner as one in regular service till 31.03.2018 and pay the benefits to which she is entitled to. For Petitioner : Mr.K.Vikram for Mr.V.Raghavachari For Respondents : Mr.G.Nagarajan for R1 N.K.Nithila Vani, CGSC for R2 to 5

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondent to treat the service of the petitioner as one in regular service till 31.03.2018 and pay the benefits to which she is entitled to.

2.The plea of the petitioner is that the fourth respondent may be 2/5

directed to permit the petitioner to retire from service after attaining the age of 60 years instead of 58 years.

2.The first respondent filed a counter affidavit stating that the petitioner did retire only after attaining the age of 60 years and not on completion of 58 years.

3.The respondent has also filed a copy of the final statement of gratuity to show that the petitioner would retire after attaining the age of 60 years.

4.Now the learned counsel for the petitioner also submitted that according to the instructions received by him, the petitioner retired from service after attaining the age of 60 years, for which the petitioner's purpose has already been fulfilled and no cause does survive for adjudication in the Writ Petition and hence, he sought for disposal of the Writ Petition as having become infructuous.

5.Recording the submission made by the learned counsel for the 3/5

petitioner, this Writ Petition is disposed of as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 15.11.2023 Index : Yes/No Speaking order:Yes/No dn To 1.The Secretary, The Central Board of Secondary Education, PS-1-2-Institutional Area I.P.Extn, Patparangi, Delhi-110092 Having its regional office at Plot no.1630A, ''J'' Block, 16th Main Road, Chennai-600 040.

2.The Director, Ordinance Factory Board, Esplanade East, Kolkata-700 069 3.The General Manager, Heavy Vehicle Factory, Avadi, Chennai-600 054 4.The Chairman, 5.The Secretary, 4/5

Dr.D. NAGARJUN, J dn 15.11.2023 5/5