S VADAMALAIYAN Vs. DISTRICT COLLECTOR RAMANATHAPURAM DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge an order of the second respondent, i.e Revenue Divisional Officer, Paramakudi, dated 31.5.2010 in not allowing the petitioner to retire from service as illegal and for a consequential direction to the respondents to pay all his terminal benefits.

(2.) WHEN the matter came up on 23.8.2010, the Special Government Pleader Mr.R.Janakiramulu took notice. On notice from this court, the second respondent Revenue Divisional Officer, Paramakudi has filed a counter affidavit, dated Nil (September, 2010).

(3.) THE challenge of the petitioner was that the order was served on the petitioner on 15.6.2010. Since he was already permitted to retire on reaching the age of superannuation, there cannot be any further order passed against him. THE second respondent cannot belatedly pass an order and antedate the same so as to retain the petitioner in service. THE incident related in the charge memo was during the old period.