LAWS(MAD)-1998-10-18

ARULMIGU SIVAGANGA SAMASTHANAM DEVASTHANAM Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPT MADRAS

Decided On October 16, 1998
ARULMIGU SIVAGANGA SAMASTHANAM DEVASTHANAM Appellant
V/S
COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPT MADRAS Respondents

JUDGEMENT

(1.) THE writ petitions are for the issue of writ of certiorari to call for the records relating to the proceedings of the first respondent in R. P. Nos. 39 & 44 of 1989 respectively dated 18. 9. 1990 and quash the said proceeding of the first respondent.

(2.) THE case of the petitioner is that the third respondent in each of the writ petition was appointed as Assistant and Clerk respectively in 1953. THE petitioner herein has issued notice dated 7. 10. 1988 and 22. 11. 1988 respectively intimating that the third respondent in each of the writ petitions would retire from service from the afternoon of 25. 11. 1988 and 12. 12. 1988 respectively on their completion of 60th year. It has also been averred that the above order was passed pursuant to the age limit prescribed under the Sivaganga Devasthanam Administrative Staff Service Rules approved by the hereditary trustee. Aggrieved by the above order, the third respondent in each of the writ petitions has chosen to file a revision under Section 21 of the Tamil Nadu HR & CE Act 1959 (Tamil Nadu Act 22 of 1959) before the deputy Commissioner in R. P. Nos. 9 and 7 of 1988 respectively. When the revision petitions were dismissed, the third respondent in each of the writ petitions has filed further revision before the first respondent herein in R. P. Nos. 44 of 1989 and 39 of 1989. THE first respondent by proceedings dated 18. 9. 1990 has allowed the revisions and directed reinstatement of the third respondent in each of the writ petitions and the same has been impugned in these writ petitions.