Writ petition by a university physical education director claiming entitlement to serve till age 60 with GPF deductions. During pendency the petitioner died; counsel sought dismissal as infructuous. The court dismissed the petition as infructuous, closing the connected miscellaneous petition, without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.7623 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
Coram:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.No.7623 of 2017
and
W.M.P.No.8325 of 2017
Dr.A.Amuldoss S/o.Anthonisamy Director of Physical Education Thiruvallur University Serkadu 632 115 Vellore. ... Petitioner
Vs.
1.The Vice Chancellor Thiruvalluvar University Serkadu 632 115 Vellore.
2.The Thiruvalluvar University rep. by its Registrar Serkadu 632 115 Vellore. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration or any other appropriate 1/4
W.P.No.7623 of 2017
Writ, order or direction, declaring that the petitioner is entitled to continue in service till he completes 60 years of age, i.e., till 31.03.2019 as he is a Teacher of the University as defined in Section 2(o) of the Thiruvalluvar University Act 2002, in the light of the law declared by the Hon'ble Supreme Court of India in the case of P.S.Rama Mohana Rao v. A.P.Agricultural University reprted in CDJ 1997 SC 530:1997 (8) SSC 350 and consequently, direct the respondent to deduct GPF contribution from the petitioner's salary which has been stopped since December 2016 from the salary of the petitioner on the basis of his representation dated 23.03.2017.
For petitioner : Mr.S.Sathia Chandran For respondents : Mr.M.C.Samy Standing Counsel
O R D E R
The learned counsel for the petitioner submits that during the
pendency of this Writ Petition, the petitioner is died and in view of the subsequent development, nothing survives in this Writ Petition and requested to dismiss this Writ Petition as infructuous.
2/4
W.P.No.7623 of 2017
stands dismissed as infructuous. Connected miscellaneous petition is
closed. There shall be no order as to costs.
09.01.2024
Note:The Registry is directed to carry out the name of the Standing Counsel on behalf of the respondents in the order copy, if vakalat has been filed on behalf of the respondents before dispatch of the copy of this order.
Index:Yes/No
Neutral Citation:Yes/No Speaking order/Non-speaking order apd
To
2.The Thiruvalluvar University rep. by its Registrar Serkadu 632 115 Vellore.
3/4
W.P.No.7623 of 2017
BATTU DEVANAND,J.
apd
W.P.No.7623 of 2017 and W.M.P.No.8325 of 2017
09.01.2024
4/4
Colour shows how this judgement treated each authority
P.S.Rama Mohana Rao v. A.P.Agricultural UniversityReferred
CDJ 1997 SC 530:1997 (8) SSC 350
2 provisions across 2 enactments
Dr.A.Amuldoss
The Vice Chancellor Thiruvalluvar University
The Thiruvalluvar University rep. by its Registrar
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
