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Madras High CourtWP/19003/2008closed

V.Veeramani v. The Secretary To Government

2021-08-26Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.19003 of 2008 V.Veeramani

...Petitioner

Vs.

1. The Secretary to Government, Public Works Department, Fort St. George, Chennai-600 009.

2. The Engineer in Chief W.R.O. & Chief Engineer (General), Public Works Department, Chennai-600 005.

3. The Executive Engineer/PWD, Thamizhaga Arasu Buildings- Research Station Division, Tharamani, Chennai-600 113.

4. The Executive Engineer,/PWD Buildings Construction Division, Town Hall, Coimbatore-641 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records in letter No.100/A2/2007 dated 31.12.2007 on the file of Third Respondent, the Executive engineer PWD Tamilaga Arasu Buildings Research Station Division, Tharamani, Chennai-600 113 and quash the same as illegal and direct the Respondents to pay the arrears of Salaries from 01.01.2008 to till date and subsequent attended benefits to the petitioner.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.S.John J.Raja Singh Government Advocate

O R D E R

The petitioner who was employed as an Assistant Executive Engineer in the Public Works Department (PWD) under suspension at the time when the writ petition was filed, and has challenged letter bearing No.100/A2/2007, dated 31.12.2007 issued by the Executive Engineer, PWD arrayed as R3. The impugned communication computes the taxable income as well as the income tax payable thereon along with cess, at a sum of Rs.2,87,328/- and Rs.5,747/- respectively, and calls upon the petitioner to make arrangements to remit the aforesaid amounts or file an income tax statement. At the time of admission, the petitioner has obtained interim orders to the effect that the salary is to be paid over without deduction of tax.

2. In any event, the counter dated 19.09.2008 filed by the 3rd respondent confirms at paragraph-6 that the statement of the petitioner that a sum of Rs.2,93,075/- was deducted towards income tax by R3 is incorrect and only a sum of Rs.5,000/- was deducted for the pay and allowance arrear bill for the periods 23.02.2000 to 16.10.2004.

3. In light of the aforesaid statement contained in counter, Mr.Sankarasubbu, learned counsel for the petitioner would state that no grievance survives as against the impugned communication and thus the petitioner does not wish to pursue this writ petition any further.

4. Recording the aforesaid, this writ petition is closed as infructuous. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vs To

1. The Secretary to Government, Public Works Department, Fort St. George, Chennai-600 009.

2. The Engineer in Chief W.R.O. & Chief Engineer (General), Public Works Department, Chennai-600 005.

3. The Executive Engineer/PWD, Thamizhaga Arasu Buildings- Research Station Division, Tharamani, Chennai-600 113.

4. The Executive Engineer,/PWD Buildings Construction Division, Town Hall, Coimbatore-641 001.

+1cc to the Government Pleader, S.R.No.43380 W.P.No.19003 of 2008 RLD[co] NSK 29/09/2021