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Madras High CourtWP/29292/2012closed

A.Rajamanickam v. Union Of India

2016-06-20Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.06.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.29292 of 2012 & M.P.No.1 of 2012 A.Rajamanickam .. Petitioner Vs.

1.Union of India, Rep.by Secretary to Government of India, Ministry of Textiles, Government of India, New Delhi.

2.Director, Sardar Vallabhbhai Patel International School of Textiles & Management, 1483, Avinashi Road, Peelameedu, Coimbatore - 641 004.

3.Financial Controller and Registrar, Sardar Vallabhbhai Patel International School of Textiles & Management, 1483, Avinashi Road, Peelameedu, Coimbatore - 641 004.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the third respondent in SVPISTM/Admin/P.F./AR/2012/4497 dated 04.10.2012 and quash the same and consequently direct the respondent to allow the petitioner to continue in service till the attaining the age of superannuation of 60 years. For Petitioner : Mr.G.Sankaran For Respondents : Mrs.Sunitha Kumari CGSC

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the third respondent in SVPISTM/Admin/P.F./AR/2012/4497 dated 04.10.2012 and quash the same and consequently direct the respondent to allow the petitioner to continue in service till the attaining the age of superannuation of 60 years. 2.Today when the matter is taken up for consideration, the learned Central Government Standing Counsel appearing for the respondents categorically brought out that the third respondent is a Society governed by a by-law. As per the by-law, the retirement age is 58 and rightly the petitioner has been superannuated at the age of 58 years. Therefore, this petition is not maintainable. In so far as the retirement benefits whatever is entitled as per by-law the petitioner will be entitled since he has already retired at the age of 58 years.

3.Recording the submission made by the learned Central Government Standing Counsel, this Writ Petition is closed. Consequently, connected Miscellaneous Petition is closed. No costs. 20.06.2016 Index : Yes / No Internet : Yes sri

To 1.Union of India, Rep.by Secretary to Government of India, Ministry of Textiles, Government of India, New Delhi.

2.Director, Sardar Vallabhbhai Patel International School of Textiles & Management, 1483, Avinashi Road, Peelameedu, Coimbatore - 641 004.

3.Financial Controller and Registrar, Sardar Vallabhbhai Patel International School of Textiles & Management, 1483, Avinashi Road, Peelameedu, Coimbatore - 641 004.

B.RAJENDRAN, J.

sri W.P. No.29292 of 2012 20.06.2016