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Madras High CourtWP/24753/2004dismissed

Prof. C.Balasundaram v. The Secretary To Government

2019-02-21Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 21.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No.24753 of 2004 and WP.MP.No.30112 of 2004

1. Prof.C.Balasundaram

2. Prof.D.Chellappa

...Petitioners

Vs

1. The State of Tamil Nadu, Rep. by the Secretary to Govt., Higher Education Department, Secretariat, Fort St.George, Chennai - 9.

2. The Director of Collegiate Education, College Road, DPI Compound, Chennai - 6.

3. The Joint Director of Collegiate Education, Madurai Region, Madurai.

4. The Accountant General, Teynampet, Chennai - 18.

5. The District Treasury Officer, Thanjavur.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents not to interfere with the re-fixation of the pensionary and other benefits conferred on the petitioners as per G.O.Ms.No.449 Finance (P) Dept. dated 12.10.1999 by including the Dearness Allowance earned by them along with their pay and consequently direct the respondents to refund amounts recovered from pension from November 2003.

For Petitioners : Mr.K.Vaidhyanathan for Ms.S.Vasuki For Respondents : Mrs.K.Bhuvaneswari, AGP for R1 to R3, R5 Mr.V.Vijay Shankar for R4

O R D E R

The Writ Petition does not arose on the cause of action maintained. The prayer in the Writ Petition is for an injunction restraining the respondents from re-fixing the pensionary benefits. In my view, if any re-fixation is done or excess amount is sought to be recovered, it is always open to the petitioners to challenge the same in a manner known to law. As such, the present prayer can only be deemed as pre-mature.

2. Hence, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar hvk To

1. The Secretary to Govt., Higher Education Department, Secretariat, Fort St.George, Chennai - 9.

2. The Director of Collegiate Education, College Road, DPI Compound, Chennai - 6.

3. The Joint Director of Collegiate Education, Madurai Region, Madurai.

4. The Accountant General, Teynampet, Chennai - 18.

5. The District Treasury Officer, Thanjavur.

+1 cc to Mr.V.Vijay Shankar, Advocate, S.R.No.16759 WP.No.24753 of 2004 and WP.MP.No.30112 of 2004 MD(CO) SSM(03/04/2019).