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Madras High CourtWP/33877/2007dismissed as abated

M. Subramania Chetty v. The State Of Tamilnadu

2020-11-09Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.33877 of 2007 M.Subramania Chetty ... Petitioner Vs.

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

2.The Accountant General, Accountant General Office, Teynampet, Chennai - 18.

3.The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600006.

... Respondents PRAYER :

Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent in No.Pen.30/1/RT1A/1-68/2006-07/222, dated 27.02.2007 and quash the same thereby refix the pensionary benefits of the petitioner from the date of retirement and pay the same to the petitioner with 18% interest.

For Petitioner : Mr.A.R.Nixon For Respondents: Mr.P.Chinnadurai Additional Government Pleader

ORDER

The learned counsel appearing for the petitioner would submit that the petitioner died in the year 2010, therefore, the petitioner has also filed the petition to implead the legal heirs but till date, the said petition has not been listed. However, on verification of the records and as reported by the Registry, no LR application has been filed in this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ Page numbers

2. Considering the fact that the petitioner died in the year 2010 and no steps has been taken to bring legal representatives on record, this Writ Petition is dismissed as abated. However, it is open to the LRs of the petitioner to workout their remedy in the manner known to law. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sni To 1.The Secretary to Government State of Tamil Nadu, Finance (Pension) Department, Fort St.George, Chennai - 600009.

2.The Accountant General, Accountant General Office, Teynampet, Chennai - 18.

3.The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600006.

+1cc to M/s.A.R.Nixon, Advocate SR.36581 +1cc to the Government Pleader SR.36486 W.P.No.33877 of 2007 RR(CO) CB(14/12/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers