R.Prabhakar, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and M.P.No.1 of 2010 A.Prabhakar ... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Secretary to Government, Finance (Pension) Department, Fort St. George, Chennai - 9.

2.The Director of Elementary Education College Road, Chennai - 6.

3.The District Elementary Educational Officer Tanjore District.

4.The Assistant Elementary Educational Officer Thiruvidaimarudur, Tanjore District.

5.The Secretary, Ramakrishna Aided Middle School, Nachaiar Koil, Tanjore District 612 602.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, 1/5

pleased to issue a Writ of declaration, declaring the New Contributory Provident Fund Scheme in G.O.Ms.No.259, Finance (Pension) Department dated 06.08.2003 and subsequent G.O.Ms.No.304 dated 27.05.2004 is not applicable to the petitioner because it cannot be given retrospective operation and direct the respondents to restore the Teachers Provident Fund (Family Pension) Scheme and Account No.339101. For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.T.K.Saravanan, 1, 3, 4 Government Advocate For Respondent : Mr.K.Sathish Kumar **********

ORDER

This writ petition filed to declaring the New Contributory Provident Fund Scheme in G.O.Ms.No.259, Finance (Pension) Department dated 06.08.2003 and subsequent G.O.Ms.No.304 dated 27.05.2004 is not applicable to the petitioner because it cannot be given retrospective 2/5

operation and direct the respondents to restore the Teachers Provident Fund (Family Pension) Scheme and Account No.339101.

2. Learned counsel for the petitioner submitted that the petitioner has passed away, is the writ petition has became abated.

3. In view of the above submission, this writ petition is dismissed as abated with the liberty to the petitioner to reopen the same when the need arises in the manner known to law. No costs. Consequently, the connected M.P.No.1 of 2010 is closed.

20.03.2023 rna Index : Yes / No Internet : Yes / No To 1.The Secretary to Government, Finance (Pension) Department, Fort St. George, Chennai - 9.

2.The Director of Elementary Education College Road, Chennai - 6.

3/5

3.The District Elementary Educational Officer Tanjore District.

4.The Assistant Elementary Educational Officer Thiruvidaimarudur, Tanjore District.

5.The Secretary, Ramakrishna Aided Middle School, Nachaiar Koil, Tanjore District 612 602.

4/5

J.SATHYA NARAYANA PRASAD,J rna and M.P.No.1 of 2010 20.03.2023 5/5