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Madras High CourtWA/1080/2017disposed of

Mrs.K.Kousalya v. The Union Of India,

2017-11-14Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN W.A.No.1080 of 2017 K.Kousalya ... Appellant/Petitioner vs.

1.The Union of India by the Accountant General (Accounts & Entitlements) 361, Anna Salai, Chennai- 600 018.

2.Director of Agriculture, Chennai.

(R2 suo motu impleaded as per the order dated 13.09.2017) ... Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 29.06.2017 passed by a learned Judge in W.P.No.15403 of 2017.

Filed under Article 226 of the constitution of India, pleased to issue a writ of certiorarified Mandamus or any other writ order or direction in the nature of writ calling for the records of the respondent culminating in the impugned letter No. Pen 32/ 2/ 13163/FA 17969/14190 dated 9.5.2017 and quash the same and direct the respondent herein to sanction 100% full family pension to the petitioner herein under PPO No.FA/ 17969 with arrears from April 2013 forthwith. For Appellant : Mr.N.Karthikeyan For R1 : Mr.V.Vijayashankar For R2 : Mr.P.S.Sivashanmuga Sundaram, SGP

JUDGMENT

(Order of the Court was made by HULUVADI G. RAMESH,J.) Aggrieved by the order of dismissal of the writ petition, the unsuccessful writ petitioner has come up with the present writ appeal.

2.When the appeal was taken up for consideration, the learned standing counsel for the first respondent filed a memo dated 14.11.2017, wherein, it has been stated as follows: https://hcservices.ecourts.gov.in/hcservices/

"The appellant had initially filed W.P. to quash the order dated 09.05.2017 and sought for consequential direction to grant 100% full family pension to the petitioner under PPO No.17969/FA with arrears from April 2013. However, by order dated 29.06.2017, the W.P. came to be dismissed at the admission stage.

Challenging the order in W.P., the above W.A. came to be filed. However, on notice, this respondent by proceedings dated 20.10.2017 had authorized 100% family pension to the appellant. Thus, the relief sought for by the appellant has been met and nothing survives in the appeal." Along with that memo, a copy of the authorization letter dated 20.10.2017 issued by the first respondent, in favour of the appellant herein, has been enclosed.

3.Recording the same, the writ appeal stands disposed of, in the light of the aforesaid memo dated 14.11.2017 filed by the first respondent. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rk To 1.The Union of India by the Accountant General (Accounts & Entitlements) 361, Anna Salai, Chennai- 600 018.

2.Director of Agriculture, Chennai.

+ 1 cc to Mr. Government Pleader SR.81705 + 1 cc to Mr.V. Vijay Shankar, Advocate Sr.81026 + 1 cc to Mr. N. Karthikeyan, Advocate Sr.80728 W.A.No.1080 of 2017 PVS(CO) EU(18/12/2017) https://hcservices.ecourts.gov.in/hcservices/