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Madras High CourtWP/18072/2013dismissed as abated

S.Boobathy v. The Secretary To Government

2024-03-22Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM:

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.18072 of 2013 and M.P.No. 1 of 2013 S. Boobathy

...Petitioner

Vs.

1.

The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 9.

2.

The Director of Town Panchayat, Kuralagam, Chennai - 108.

3.

The Executive Officer, Edikazhinadu Town Panchayat, Kancheepuram District.

4.

The Accountant General, Teynampet, Chennai - 600 018.

...Respondents

Prayer: Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the third respondent issued in Pro.Na.Ka.No.45/2012/A1 dated 07.03.2013 quash the same and direct the respondents counting half of service paid from Contingent Service from 1/4

01.08.1977 to 22.06.2006 28 years 8 months 22 days (Half of Service ) 14 years 4 months 11 days as per G.O.Ms.No. 118, Finance (Pension) Department dated 14.02.1996 & G.O.Ms.No.437 Finance (Pension) Department dated 23.6.1988 as per amended pension Rules 11(2) together with regular service rendered by the petitioner as sanitary worker from 23.06.2006 to 30.06.2009 as qualifying service and consequently directing the respondents to sent revised proposal to the Accountant General (A & E) Chennai-18 to grant pension and other terminal benefits with all consequential arrears of pension. For Petitioner : No appearance For R1 to R3 : Mr.M.Murali Government Advocate For R4 : No appearance

O R D E R

Today, 22.03.2024 when the matter was taken up for hearing, there is no representation for the petitioner.

2. The learned Government Advocate appearing for the first to third respondents submitted that the petitioner Mr. S.Boobathy has passed away on 17.03.2015 and also submitted the copy of the death certificate issued by the Department of Municipal Administration & Water Supply dated 23.10.2018 vide Registration No. 69/2015/01 and date of registration is 20.03.2015. 2/4

3. In view of the above submission made by the learned Government Advocate appearing for the first to third respondents, this writ petition is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

22.03.2024 Index:Yes/No Speaking Order : Yes/No nsl To 1.

The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 9.

2.

The Director of Town Panchayat, Kuralagam, Chennai - 108.

3.

The Executive Officer, Edikazhinadu Town Panchayat, Kancheepuram District.

4.

The Accountant General, Teynampet, Chennai - 600 018.

3/4

J.SATHYA NARAYANA PRASAD, J.

nsl W.P.No.18072 of 2013 22.03.2024 4/4