(Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, calling for the records of the first respondent relating to G.O. (2d) No.331 Home ( Courts IA) Department dated 28.11.2001 as confirmed by the first respondent in Review Petition vide G.O. Ms. No.1043 dated 31.10.2002 and quash the same.)

D. Murugesan, J.

The challenge to the order of compulsory retirement either under fundamental Rule 56(d) or Rule 56(2) of the Judicial Officer had come up before this Court as well as before the Supreme Court on more than one occasion. The present Writ Petition is one such case. The petitioner entered in the Judicial Service as Second Class Magistrate on 4.1.1983. After his postings in various places, both on civil and criminal side, he was promoted to the post of Subordinate Judge on 21.7.2000 and posted at Tuticorin. He was compulsorily retired under fundamental Rule 56(2) by the impugned G.O.(2D) No.331 Home(Courts IA) Department dated 28.11.2001. Review Petition filed by the petitioner was also rejected in G.O.Ms. No.1034 Home ( Courts IA) Department dated 31.10.2002. The legality of the above orders are questioned in