Madras High CourtWP/32276/2004dismissed as infructuous

Gangu S Sabapathi v. Government Of Tamilnadu

2020-11-20Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.32276 of 2004 and M.P.Nos.39075/2004 & 39076/2004 Sangu S.Sabapathi ... Petitioner

Versus

1. The Government of Tamilnadu represented by the Secretary Highways Department, St.George Fort, Chennai-600 009.

2. The Chief Engineer (Highways) PWD & General Buildings Chepauk, Chennai-600 005.

... Respondents PRAYER:

Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to call for the records of the first respondent made in G.O. (3D) No.224 Highways (HL1) Department dated 29.10.04 and the consequential G.O.(3D)No.225 Highways (HL1) Department dated 29.10.04 and quash the same and permit the petitioner to retire on his superannuation i.e., on 31.10.2004 with all his retirement benefits without prejudice to any disciplinary proceedings.

For Petitioner : No appearance For Respondents: Mr.K.Magesh Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the order passed by the first respondent in G.O. (3D) No.224 Highways (HL1) Department dated 29.10.04 and the consequential G.O.(3D) No.225 Highways (HL1) Department dated 29.10.04 and seeks to quash the same and permit the petitioner to retire on his superannuation i.e., on 31.10.2004 with all his retirement benefits without prejudice to any disciplinary proceedings. https://hcservices.ecourts.gov.in/hcservices/

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

3. The learned Special Government Pleader would submit that subsequently the petitioner was permitted to retire and all the retirement benefits have been settled and he has also filed the copy of the proceedings in G.O.No.195 dated 17.11.2015 and hence, submitted that nothing survives in the Writ Petition and the Writ Petition may be dismissed as infructuous.

4. Recording the submission made by the learned Special Government Pleader, this Writ Petition is liable to be dismissed as infructuous. Accordingly, this Writ Petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

20.11.2020 Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar To

1. The Secretary, Government of Tamil Nadu, Highways Department, St.George Fort, Chennai-600 009.

2. The Chief Engineer (Highways) PWD & General Buildings Chepauk, Chennai-600 005.

+1cc to Government Pleader SR.No.37560 W.P.No.32276 of 2004 rr ii (08/12/2020 https://hcservices.ecourts.gov.in/hcservices/