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Madras High CourtWP/31494/2007dismissed as infructuous

R. Gnana Rayappan v. The State Of Tamilnadu

2020-12-16Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.Nos.31494 & 12990 of 2007 and M.P.No.1 of 2007 W.P.No.31494/2007 1.R.Gnana Rayappan 2.R.Subramanian 3.G.Jenner Jeyakumar 4.V.Mercy Thangam 5.L.Kada Ammal 6.M.Mathan 7.K.B.Lakshmi Ammal 8.K.Govindarajan 9.P.L.Narayanam 10.S.V.Chandaraiyan 11.S.Maria Raj 12.K.S.Ramasamy 13.K.Saraswathy 14.R.Krishnamurthy 15.S.N.Ganapathia Pillai 16.T.Parameswary 17.R.K.Pappa 18.V.Rajagopalan 19.P.S.Iraimalai Adigal 20.A.K.Venkatachalam 21.R.Ananda Rama Tilak 22.N.Subramanian 23.D.Subbarayan 24.A.Manickavasagam 25.K.S.Kumarasamy 26.A.Seeni Raj 27.S.Saraswathy 28.M.Komalavalli 29.Anandavalli 30.Saroja 31.P.G.Dhanapackiam 32.P.K.Kanniammal 33.K.Navaneethammal 34.Sarswathi Ammal 35.Sivagami Ammal 36.Mangai Ammal

37.Rukmani 38.B.Loganathan 39.D.Jaganathan ... Petitioners Vs.

The State of Tamil Nadu Rep. by the Secretary, Finance (Pension) Department, Fort St.George, Chennai - 600009.

... Respondent W.P.No.12990/2007 1.V.Palaniyandi 2.K.Kuppuswamy 3.K.Kumaraswamy 4.V.Kanyaseelan 5.S.Meenakshi 6.S.P.Sivam 7.V.Seethalakshmi 8.S.Chanma 9.M.K.Jagadeesan ... Petitioners Vs.

The State of Tamil Nadu rep. by its Secretary to Government Finance (Pension) Department, Fort St.George, Chennai - 600009.

... Respondents Prayer in WP.No.31494/2007 : Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to G.O.Ms.No.562 Finance (PC) Department dated 10.06.1985 issued by the respondent and quash the same insofar as it relates to classification as unconstitutional and ultra vires article 14 and 16 of the Constitution of India ordering uniform percentage of increase of 30% for all the petitioners with effect from 01.10.1984.

Prayer in WP.No.12990/2007 : Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned G.O.Ms.No.562 Finance (Pay Cell) Department dated 10.06.1985 and quash the same, so far as it related to the different percentage of increase on the basic pension as on 30.09.1984 and consequently direct the respondents to increase the basic pension at the rate of 30% to all the Pensioners/Family Pensioners who retired on or before

30.09.1984, refix their pension and pay the arrears within a stipulated period.

For Petitioners: Mr.A.R.Nixon (in both Wps) For Respondents: Mr.P.Chinnadurai (in both Wps) Additional Government Pleader COMMON ORDER These Writ Petitions have been filed challenging G.O.Ms.No.562 Finance (PC) Department dated 10.06.1985 issued by the respondent, quash the same and to direct the respondents to increase the basic pension of the petitioners at the rate of 30%.

2. The learned Additional Government Pleader appearing for the respondent would submit that the relief sought for in these writ petitions have been granted to the petitioners in view of G.O.Ms.No.446, Finance (Pay Cell) Department dated 18.09.2007 and nothing survives in these writ petitions to be adjudicated upon further. He has also produced a copy of the same before this Court.

3. Recording the submission made by the learned Additional Government Pleader that the prayer sought for in both the writ petitions have been accorded, therefore, nothing survives in these writ petitions for any further adjudication. Accordingly, these Writ Petitions stand dismissed as infructuous. No costs. Connected miscellaneous petitions is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sni To The Secretary to Government of Tamil Nadu, Finance (Pension) Department, Fort St.George, Chennai - 600009.

+1cc to the Government Pleader sr.41689 W.P.Nos.31494 & 12990 of 2007 ln[co] srg 09/02/2021