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Madras High Court

A.Victor vs The Director Of School Education on 21 June, 2023

Author: J.Sathya Narayana Prasad

Bench: J.Sathya Narayana Prasad

                                                                            W.P.No.27320 of 2008

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 21.06.2023

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                               W.P.No.27320 of 2008
                                               and M.P.No.1 of 2008

                     A.Victor                                                  ... Petitioner

                                                           -vs-

                     1.The Director of School Education,
                       College Road, Chennai - 6.

                     2.The Inspector of Matriculation
                       Schools, Near Theppakkulam,
                       Kancheepuram.

                     3.Archidiocean Board of Education,
                       Pondicherry, rep. by its
                       Secretary, Bishop House,
                       Pondicherry.

                     4.St.Paul's Matriculation Higher
                       Secondary School,
                       Rep. by its Correspondent and
                       Principal,
                       Thanthai Periyar Road,
                       Block-4, Neyveli.                                     ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of Constitution of India,

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https://www.mhc.tn.gov.in/judis
                                                                               W.P.No.27320 of 2008

                     pleased to issue a Writ of declaration, declaring that the action of the

                     respondents 3 and 4 in reducing the age of retirement from 60 years to 58

                     years and prematurely retiring the petitioner from service with effect from

                     31.08.2007 contrary to Code No.18(i) of the Code of Regulations for

                     Matriculation Schools, Tamilnadu as null and void and illegal and

                     consequently direct the respondents to give the petitioner employment in

                     accordance with Code No.18(i) of the Code of Regulations for

                     Matriculation Schools, Tamilnadu, with arrears and all other consequential

                     benefits, together with interest, Award costs.



                                  For Petitioner     : Mr.V.Ajoy Khose

                                  For Respondents : Mr.R.Neethi Perumal,
                                        1, 2        Government Advocate

                                  For Respondent 4 : Mr.V.Haribabu

                                  For Respondent 3 : No Appearance

                                                     **********




                                                       ORDER
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https://www.mhc.tn.gov.in/judis W.P.No.27320 of 2008 This writ petition filed to declaring that the action of the respondents 3 and 4 in reducing the age of retirement from 60 years to 58 years and prematurely retiring the petitioner from service with effect from 31.08.2007 contrary to Code No.18(i) of the Code of Regulations for Matriculation Schools, Tamilnadu as null and void and illegal and consequently direct the respondents to give the petitioner employment in accordance with Code No.18(i) of the Code of Regulations for Matriculation Schools, Tamilnadu, with arrears and all other consequential benefits, together with interest, Award costs.

2. Learned counsel for both sides are present. Learned Government Advocate appearing for the first respondent submitted that the petitioner has passed away on 24.11.2022 and the same was also informed by the fourth respondent.

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https://www.mhc.tn.gov.in/judis W.P.No.27320 of 2008

3. In view of the above submission, W.P.No.27320 of 2008 is dismissed as abated. No costs. Consequently, the connected M.P.No.1 of 2008 is closed.

21.06.2023 rna Index : Yes / No Internet : Yes / No To

1.The Director of School Education, College Road, Chennai - 6.

2.The Inspector of Matriculation Schools, Near Theppakkulam, Kancheepuram.

3.Archidiocean Board of Education, Pondicherry, rep. by its Secretary, Bishop House, Pondicherry.

4.St.Paul's Matriculation Higher Secondary School, Rep. by its Correspondent and Principal, Thanthai Periyar Road, Block-4, Neyveli.

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https://www.mhc.tn.gov.in/judis W.P.No.27320 of 2008 J.SATHYA NARAYANA PRASAD,J rna W.P.No.27320 of 2008 and M.P.No.1 of 2008 21.06.2023 5/5 https://www.mhc.tn.gov.in/judis