This High Court disposed of Writ Petition No.38596 of 2015 as infructuous after the petitioner submitted that she had retired at age 60, fulfilling the purpose of the petition.
Petition disposed as infructuous; connected miscellaneous petition closed.
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Writ Petition No.38596 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN
Writ Petition No.38596 of 2015 & MP.No.1 of 2015
Juliet Premkumari ..Petitioner
vs.
1.The Central Board of Secondary Education, rep by its Secretary, PS-1-2-Institutional Area I.P.Extn, Patparangi, Delhi-110092 Having its regional office at Plot no.1630A, ''J'' Block, 16th Main Road, Chennai-600 040.
2.The Director, Ordinance Factory Board, Esplanade East, Kolkata-700 069
3.The General Manager, Heavy Vehicle Factory, Avadi, Chennai-600 054
4.The Chairman,
HVF English Medium Educational Society, Vijayanta Senior Secondary School, H.V.F Estate, Avadi, Chennai-600 054.
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Writ Petition No.38596 of 2015
5.The Secretary,
HVF English Medium Educational Society, Vijayanta Senior Secondary School, H.V.F Estate, Avadi, Chennai-600 054. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to treat the service of the petitioner as one in regular service till 31.03.2018 and pay the benefits to which she is entitled to.
For Petitioner : Mr.K.Vikram for Mr.V.Raghavachari For Respondents : Mr.G.Nagarajan for R1 N.K.Nithila Vani, CGSC for R2 to 5
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondent to treat the service of the petitioner as one in regular service till 31.03.2018 and pay the benefits to which she is
entitled to.
2.The plea of the petitioner is that the fourth respondent may be
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Writ Petition No.38596 of 2015
directed to permit the petitioner to retire from service after attaining the age
of 60 years instead of 58 years.
2.The first respondent filed a counter affidavit stating that the
petitioner did retire only after attaining the age of 60 years and not on completion of 58 years.
3.The respondent has also filed a copy of the final statement of
gratuity to show that the petitioner would retire after attaining the age of 60 years.
4.Now the learned counsel for the petitioner also submitted that according to the instructions received by him, the petitioner retired from service after attaining the age of 60 years, for which the petitioner's purpose has already been fulfilled and no cause does survive for adjudication in the Writ Petition and hence, he sought for disposal of the Writ Petition as having become infructuous.
5.Recording the submission made by the learned counsel for the
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Writ Petition No.38596 of 2015
petitioner, this Writ Petition is disposed of as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
15.11.2023
Index : Yes/No Speaking order:Yes/No dn
To
1.The Secretary, The Central Board of Secondary Education, PS-1-2-Institutional Area I.P.Extn, Patparangi, Delhi-110092 Having its regional office at Plot no.1630A, ''J'' Block, 16th Main Road, Chennai-600 040.
2.The Director, Ordinance Factory Board, Esplanade East, Kolkata-700 069
3.The General Manager, Heavy Vehicle Factory, Avadi, Chennai-600 054
4.The Chairman,
HVF English Medium Educational Society, Vijayanta Senior Secondary School, H.V.F Estate, Avadi, Chennai-600 054. 5.The Secretary, HVF English Medium Educational Society, Vijayanta Senior Secondary School, H.V.F Estate, Avadi, Chennai-600 054.
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Writ Petition No.38596 of 2015
Dr.D. NAGARJUN, J
dn
Writ Petition No.38596 of 2015
15.11.2023
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1 issue framed by the court
Whether the Writ Petition seeking retirement age relaxation becomes infructuous upon petitioner's actual retirement at 60 years.
Juliet Premkumari
The Central Board of Secondary Education
The Director, Ordinance Factory Board
The General Manager, Heavy Vehicle Factory
The Chairman, HVF English Medium Educational Society
The Secretary, HVF English Medium Educational Society
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
