Madras High CourtWP(MD)/20826/2015disposed of

K.Balachandran Nair, v. The District Educational

2020-10-13Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.20826 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.20826 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 and W.M.P.(MD)No.13640 of 2016 K.Balachandran Nair, Night Watchman, T.Sekhara Pilla Memorial Educational Cultural Development Trust, Higher Secondary School, Arumana, Arumanai, Kanyakumari District.

... Petitioner Vs.

1.The District Educational Officer, O/o the District Educational Office, Kulidurai, Kanyakumari District.

2.The Chairman & Correspodent, T.Sekhara Pilla Memorial Educational Cultural Development Trust, Higher Secondary School, Arumana, Ammanai, Kanyakumari District.

3.Jayasree Kumar, The Chairman & Correspondent, T.Sekhara Pilla Memorial Educational Cultural Development Trust, Higher Secondary School, Arumana, Ammanai, Kanyakumari District.

4.The Headmaster, T.Sekhara Pilla Memorial Educational Cultural Development Trust, Higher Secondary School, Arumana, Ammanai, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the second respondent in his proceedings No.Nil dated 11.11.2015 and quash the same. For Petitioner : Mr.H.Mohammed Imran for M/s Ajmal Associates For Respondents : Mrs.S.Srimathy Special Government Pleader for R.1 : Mr.M.Saravanan for R.3 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20826 of 2015

ORDER

The order of suspension issued by the Management of the School in proceedings dated 11.11.2015 is under challenge in the present writ petition.

2. Learned Counsel appearing on behalf of the writ petitioner made a submission that the suspension of the petitioner does not exist as of now, in view of the fact that the writ petitioner reached the age of superannuation.

3. Even at the time of filing of the writ petition, the petitioner was aged about 55 years and during the pendency of the writ petition, he reached the age of superannuation. Thus the order of suspension issued by the second respondent while the petitioner was in service does not exist as of now and therefore no adjudication is required in the writ petition. Accordingly, the Writ Petition stands disposed of as infructuous. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) SSL To The District Educational Officer, O/o the District Educational Office, Kulidurai, Kanyakumari District.

+1 CC to M/s.R. SUBRAMANIAN, Advocate ( SR-19986[F] dated 14/10/2020 +1 CC to M/s.SPL GP ( SR-20154[F] dated 15/10/2020 ) W.P.(MD)No.20826 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 and W.M.P.(MD)No.13640 of 2016 13.10.2020 KG(CO) KB(29.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2