T.Rajasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.16229 OF 2020 AND WMP NO.20273, 20275 OF 2020 T.Rajasekaran ... Petitioner Vs.

1. The District Collector,

2. The Sub-Collector, Virudachalam, Cuddalore District.

3. The Revenue Divisional Officer,

4. Tmt. Jayashree, Village Administrative Officer, Sepalanatham, Virudachalam Revenue Division.

... Respondents PRAYER:

Writ petition filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the transfer order issued by the second respondent in Na.Ka A1/2043/2020 vide order dated 01.10.2020 and set aside the same consequently direct the second respondent to permit the petitioner to discharge his duty as Village Administrative Officer till his superannuation till 31.05.2021 at Sepalanatham, Virudachalam Revenue Division, Cuddalore District.

For Petitioner :

Mr.A.R.Balaji For respondents :

M/s.R.L.Karthika, Government Advocate

ORDER

This writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus, quashing the impugned transfer order issued by the second respondent dated 01.10.2020 and consequently direct the second respondent to permit the petitioner to discharge his duty as Village Administrative Officer till his superannuation on 31.05.2021 at Sepalanatham, Virudachalam Revenue Division, Cuddalore District.

2. The learned Government Advocate appearing for the respondents submitted that since the petitioner had attained the age of superannuation on 31.05.2021, now the prayer sought for in the writ petition has become infructuous and nothing survives for further adjudication.

3. The learned counsel appearing for the petitioner submitted that, the Government has issued Order extending the retirement age of the government servant from 59 to 60 years and inview of the same, the petitioner's retirement date is 31.05.2022. He further submitted that, till now, the petitioner is not paid salary and hence, the respondents may be directed to pay the salary to the petitioner.

4. It is pertinent to note that, the petitioner has not filed any application to amend the retirement date as 31.05.2022. Therefore, there is no ground to adjudicate further and the prayer sought for in the writ petition has become infructuous.

5. Accordingly, this writ petition is dismissed as infructuous.

No costs.

Consequently, connected writ miscellaneous petitions are closed. However, if any salary due, the petitioner is directed to redress the grievance before the concerned authority.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mst To

1. The District Collector,

2. The Sub-Collector, Virudachalam, Cuddalore District.

3. The Revenue Divisional Officer,

4. Tmt. Jayashree, Village Administrative Officer, Sepalanatham, Virudachalam Revenue Division.

+1cc to Mr.S.Mohamed Uduman, Advocate, S.R.No.17606 +1cc to the Government Pleader, S.R.No.17464 W.P.No.16229 of 2020 and WMP No.20273, 20275 of 2020 CA(CO) RLP(30/03/2022)