Madras High CourtWP/20320/2012dismissed as abated

M.Chandrasekaran, v. The Director,

2023-09-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Chandrasekaran ... Petitioner Vs

1. The Director, Tamil Nadu Motor Vehicles Maintenance Department, Velacherry, Chennai - 600042.

2. The State of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Fort St.George, Chennai - 600009.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent dated 16.12.2011 (received by the petitioner on 01.02.2012 only), made in letter No.19199/H1/2010-10, quash the same and direct the respondents to re-fix the petitioner's pay scale by granting one annual increment on 1.1.91 in the post of Selectional Grade Technical Assistant and thereafter re-fix his pay scale in the post of Automobile Engineer and calculate all the monetary

benefits from thereon to till 31.12.09 when the petitioner retired in the post of Works Manager and consequently, re-calculate and re-fix his pension in accordance with the revised fixation of pay scale and pay all the consequential monetary benefits to the petitioner within the time limit that may be stipulated by this Court.

For Petitioner : Mr.K.Rajasekaran For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader (for R2)

ORDER

This writ petition is filed to quash the proceedings of the second respondent dated 16.12.2011 (received by the petitioner on 01.02.2012 only), made in letter No.19199/H1/2010-10 and direct the respondents to refix the petitioner's pay scale by granting one annual increment on 1.1.91 in the post of Selectional Grade Technical Assistant and thereafter re-fix his pay scale in the post of Automobile Engineer and calculate all the monetary benefits from thereon to till 31.12.09 when the petitioner retired in the post of Works Manager and consequently, re-calculate and re-fix his pension in accordance with the revised fixation of pay scale and pay all the

consequential monetary benefits to the petitioner within the time limit that may be stipulated by this Court.

2. The sole petitioner died long back, viz., on 24.10.2021. However, so far the legal heirs of the deceased/petitioner did not take any steps to implead them as parties to the present Writ Petition.

3. Therefore, this Writ Petition is dismissed as abated. However, the legal heirs of the deceased/petitioner are at liberty to approach this Court by way of appropriate petition. No costs.

11.09.2023 Index:Yes/No kv

G.K.ILANTHIRAIYAN, J.

kv To

1. The Director, Tamil Nadu Motor Vehicles Maintenance Department, Velacherry, Chennai - 600042.

2. The Secretary to Government, The State of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600009.

11.09.2023