G. KALAVATHI Vs. CHIEF SECRETARY TO GOVERNMENT, CHENNAI

JUDGEMENT

(1.) The lis on hand has been instituted challenging the order of Compulsory retirement in public interest, issued by the first respondent in G.O.Ms.No.474 Public (Special.A) Department dtd. 23/9/2020 and the consequential order passed by the 2nd respondent in notification No.113 of 2020 dtd. 29/9/2020. Further direction is sought for to reinstate the petitioner with all consequential and attendant service benefits.

(2.) The petitioner was appointed as Civil Judge (Junior Division) on 2/3/1998. She was promoted as Sub-Judge (Civil Judge, Senior Division) on 16/9/2009. Subsequently, she was promoted as District Judge with effect from 14/9/2015. The petitioner was holding the post of Principle Sub-Judge at Coimbatore for the period between 19/1/2015 and 12/9/2015.

(3.) One C.S.Arumugham Pillai who owned large extent of properties in prime locality of Coimbatore City had executed a Will dtd. 29/8/1932 dedicating 'A' & 'B' Schedule properties to the Mahaliamman Temple and Vigneswarar Koil creating life estate to his wife Sadachiammal in respect of 'A' Schedule properties. His only son Manickam Pillai had predeceased leaving behind his parents and his wife Vijayammal. The said Arumugham Pillai died in 1946. The said Vijayammal filed a suit in O.S.No.191 of 1937 claiming maintenance against Arumugham Pillai which was decreed on 26/10/1938 creating a charge on the properties. The Temples filed a suit against the said Vijayammal based on the Will of Arumugham Pillai dtd. 29/8/1932 in O.S.No.344 of 1967 on the file of the Sub-Court, Coimbatore for a declaration of Title to the plaint 'A' & 'B' Schedule properties. 'A' Schedule property consisted of seven items and there were two items in the 'B' Schedule properties. The Suit was dismissed and the Appeal filed in A.S.No.12 of 1977 was also dismissed holding that the subject properties were subject to the charge towards maintenance of Vijayammal vide decree in O.S.No. 191 of 1937 dtd. 26/10/1938 and hence the said properties had enlarged into absolute property of Vijayammal in terms of Sec. 14 (1) of the Hindu Succession Act, as she had a pre-existing right. As against the same, the Temple/1" Defendant filed C.A.No.8607 of 1983 before the Supreme Court. Pending the said Civil Appeal, Vijayammal died leaving an unregistered Will dtd. 30/6/1986 bequeathing her properties in favour of the children of her sister Maragathammal after creating life estate to the said Maragathammal. The said beneficiaries under the Will were brought on record as legal representatives of Vijayammal in C.A.No.8607 of 1983. It has been specifically observed in the Order made in C.A.No.8607 of 1983 that the validity of the Will of the Vijayammal and Sadachiammal dtd. 8/6/1957 has not been decided. The beneficiaries under the Will who were brought on record as legal representatives of deceased Vijayammal were objected to as total strangers to the family. The competency of Arumugham Pillai to execute the Will, though was observed as a moot question, the Apex Court passed Final Order in C.A.No.8607 of 1983 by consent of counsels appearing for both parties to the effect that a sum of Rs.24,000.00 shall be paid to the Temples by the person or persons who are entitled to 'A' & 'B' Schedule properties and the said properties shall stand charged to that extent. It has been specifically stated in the Order of the Apex Court dtd. 1/3/1996 that the validity of and the nature of the interest that had been created by the Will executed by the Sadachiammal and Vijayammal was not decided. From the above, it is clear that dedication of 'A' & 'B' Schedule properties under the Will of Arumugham Pillai dtd. 29/8/1932 in favour of the Temples was not decided nor the findings of the Trial Court and the High Court were confirmed, but a consent decree of creating charge over 'A' & 'B' Schedule properties for the payment of Rs.24,000.00 every year to the Temples was passed.