G. Rajgopalan v. The Govt. Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2018 CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No. 10906 to 10908 of 2008 G.Rajagopalan
...Petitioner in all W.P.s
.Vs.
1. The Government of Tamilnadu, Rep. by its Secretary to Government, Education Department,Fort St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 009. ...Respondents in all W.Ps Prayer in W.P.No.10906 of 2008: The writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the first respondent in G.O.(1DE) No.222, School Education(A2) Department dated 21.08.2006, confirmed in G.O(1D) No.323, School Education (A2) Department dated 05.10.2007 and quash the same and consequently direct the respondents to sanction all terminal benefits including regular pension and pass orders.
Prayer in W.P.No.10907 of 2008: The writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the first respondent in Letter No.6799/A2/2003-10 dated 21.08.2006 and quash the same and consequently direct the respondents to sanction all retirement benefits with regular pension and pass orders.
Prayer in W.P.No.10908 of 2008:The writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the first respondent in Letter No.6799/A2/2003-11 dated 21.08.2006 and quash the same and consequently direct the respondents to sanction all retirement benefits with regular pension and pass orders.
For Petitioner : Mr.S.Mani For Respondents : Mr.K.Karthikeyan Government Advocate
COMMON ORDER The petitioner prays to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the first respondent in G.O.(1DE) No.222, School Education(A2) Department dated 21.08.2006, confirmed in G.O(1D) No.323, School Education (A2) Department dated 05.10.2007 and in letter No.6799/A2/2003-10 dated 21.08.2006 and to quash the same and consequently direct the respondents to sanction all terminal benefits including regular pension.
2. The petitioner states that while he was working as Headmaster at Government High School, Vijayapuram, Coimbatore District he was placed under suspension, by the order of the second respondent dated 08.10.1998. However, the order of suspension was revoked and he was rejoined duty on 14.12.1998, but he was again placed under suspension on 15.09.1999. Since, the order of suspension was Prolonged he was constrained to file an original application before the Tamil Nadu Administrative Tribunal in 2002 and obtained interim stay, but he was reinstated in service only on 11.04.2003 and posted as Headmaster in Govt. High School, Kadambarai, Coimbatore District. Even though, the petitioner attained the age of superannuation on 30.06.2003, he was not allowed to retire from service on the eve of his retirement and was again placed under suspension and thereafter removed from service vide Order dated 21.08.2006 of the first respondent thereby deprived of retirement benefits. Hence, the petitioner has filed this writ petition.
3.When the matter is listed today, the learned counsel for the petitioner submits that the petitioner is no more and the writ petition abates and become infructuous. He also seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect.
4. In view of the above endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn. No costs.
s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar smn
To.
1. The Government of Tamilnadu, Education Department,Fort St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 009.
+1 CC to Govt. Pleader sr 36286.
W.P. Nos. 10906 to 10908 of 2008 SP(09/07/2018)