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Madras High CourtWP/8935/2020dismissed

R.Sugumaran v. The State Of Tamilnadu

2020-07-08Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2020

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.8935 of 2020 and WMP No.10868 of 2020 R.Sugumaran

...Petitioner

Vs.

1. The State of Tamil Nadu, Rep by its Chief Secretary to Government, Personnel & Administrative Reforms (S) Department, Fort St.George, Chennai - 600 009.

2. The Director of School Education, Directorate of School Education, EPI Complex, College Road, Chennai-600 006.

3. The Chief Educational Officer, Villupuram District, Villupuram-605 602.

... Respondents Prayer:

Writ Petition filed under Section Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to extend the benefits of G.O.Ms.No.51, dated 07.05.2020, Personnel and Administrative Reforms (S) Department, to the petitioner and permit the petitioner to continue to function as Headmaster in Government Higher Secondary School, Neganur-604 202, Villupuram District with effect from 01.06.2020 till 31.05.2021 since the petitioner is in regular service as Headmaster as on 07.05.2020 being the date of the said G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department dated 07.05.2020, pursuant to the proceedings of the 3rd respondent having Ref.No.Na.Ka.No.3290/A1/2020, dated 31.03.2020. For Petitioner :Ms.C.Uma For Respondents:Mr.P.Siva Shanmugha Sundaram,Spl.G.P. For R1 P.Raja,Addl.Govt.Pleader for R2 and R3

ORDER

The matter is taken up through web hearing.

2.This writ petition is filed with the following prayer: "To direct the respondents to extend the benefits of G.O.Ms.No.51, dated 07.05.2020, Personnel and Administrative Reforms (S) Department, to the petitioner and permit the petitioner to continue to function as Headmaster in Government Higher Secondary School, Neganur-604 202, Villupuram District with effect from 01.06.2020 till 31.05.2021 since the petitioner is in regular service as Headmaster as on 07.05.2020 being the date of the said G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department dated 07.05.2020, pursuant to the proceedings of the 3rd respondent having Ref.No.Na.Ka.No.3290/A1/2020, dated 31.03.2020. "

3.In this writ petition the petitioner seeks a direction to the respondents to confirm the benefits of G.O.Ms.No.51, Personnel & Administrative Reforms (S) Department, dated 07.05.2020, extending the age of superannuation of Government Servants from 58 to 59 years.

4.On the same issue, a number of writ petitions have been filed before this Court, both on the Principal Bench and also before the Madurai Bench. After considering the challenge in detail, a learned Judge of this Court passed order dismissing all the writ petitions on 08.06.2020 in W.P.(MD).Nos.6442, 6451 to 6454, 6457 to 6459, 6461 to 6468, 6470, 6471, 6476, 6479, 6482 of 2020 (S.Germani Isabella Vs. The State of Tamil Nadu, Rep by its Secretary to the Government & others), on the basis of the principle laid down by the Hon'ble Supreme Court, which was in extenso quoted in the order passed by the learned single Judge.

5.Following the order passed by the learned single Judge in Madurai Bench of Madras High Court, dated 08.06.2020, a learned Judge in the Principal Bench of Madras High Court dismissed yet another batch of Writ Petitions on 19.06.2020 in W.P.Nos.7894, 8387, 8388, 8389, 8391 to 8405 of 2020 (B.Jeyanthi Vs. The State of Tamil Nadu, Rep by its Chief Secretary to Government &

others).

6.The present writ petition is also covered by the orders passed in the two batch of writ petitions by the two learned Judges of this Court and therefore, the same is dismissed as being devoid of merits and substance. No costs. Consequently, the connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msk/mrm To

1. The Chief Secretary to Government, Personnel & Administrative Reforms (S) Department, Fort St.George, Chennai - 600 009.

2. The Director of School Education, Directorate of School Education, EPI Complex, College Road, Chennai-600 006.

3. The Chief Educational Officer, Villupuram District, Villupuram-605 602.

W.P.No.8935 of 2020 AD(CO) GS(24/08/2020)