R.Gnanaraj v. Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.03.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU R.Gnanaraj .... Petitioner vs

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 9.

2. The Secretary, School Education, Secretariat, Chennai - 9.

3. The Director, Directorate of Elementary School Education, Chennai.

4. The Chief Educational Officer,

5. The District Elementary Educational Officer, 1/6

6. Mr.Rajamanickam, PA to DEEO, O/o District Elementary Educational Officer,

7. Mr.Thannasi, Assistant Elementary Educational Officer, Kurichi (PO), Coimbatore - 641 021.

8. Kuppurathinam, Office Superintendent, O/o Asst.Elementary Educational Officer, Kurichi (PO), Coimbatore -641 021.

9. Mr.Srinivasan, Assistant, O/o Asst.Elementary Educational Officer, Kurichi (PO), Coimbatore -641 021.

10. The Director (Pension), Elementary Education, Teynampet, Chennai - 6.

11. Treasury Officer, District Treasury, Coimbatore.

12. Principal Accountant General (A&E), Tamil Nadu & Pondicherry, 861, Anna Salai, Chennai - 600 018.

..Respondents.

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to examine the petitioner's case in respect of fixation of pension based on the records and according to G.O.No.200 Finance Department dated 18.5.1999 and G.O.No.210/P&R/ dated 11.03.1987 and fix the petitioner's pension accordingly and consequently to pay pension with arrears to the petitioner, inclusive of the amounts deducted wrongly.

For Petitioner : Ms.Gopika Nambiar for Sharath Chandran For Respondents : Mr.M.Rajendran Additional Government Pleader for R1 to R5 No appearance for R6 to R11 Ms.T.S.Selvarani, Standing Counsel for R12.

O R D E R

When the matter is taken up today, learned counsel appearing for the petitioner would submit that the proceedings for recovery of the amount, by refixing the petitioner's pension at reduced rates, was withdrawn and the recovered amount was also directed to be refunded to him and therefore, nothing survives for adjudication in the writ petition. She has also produced the order passed by the 12th respondent dated 18.10.2016 to that effect. However, she would submit that as per the order dated 18.10.2016, the amount 3/6

has not been disbursed to the petitioner.

2. In view of the order dated 18.10.2016, passed by the 12th respondent and the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. However, if the amount is not paid to the petitioner as per the order dated 18.10.2016, the same shall be paid to him within a period of eight weeks from the date of receipt of a copy of this order. No costs.

21.03.2023 Index:Yes/No Speaking/Non-speaking order vsi To

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 9.

2. The Secretary, School Education, Secretariat, Chennai - 9.

3. The Director, Directorate of Elementary School Education, Chennai.

4. The Chief Educational Officer, 4/6

5. The District Elementary Educational Officer, 5/6

J.NISHA BANU,J.

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