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Madras High CourtWP/25194/2012closed

D.Jayabalan, v. The Chairman,

2024-03-13Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD D. Jayabalan

...Petitioner

-Vs1.

The Chairman, Chennai Port Trust, Rajajisalai, Chennai - 600 001.

2.

The Deputy Chairman, Chennai Port Trust, Traffic Department, Rajajisalai, Chennai - 600 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, calling upon the production of the records relating to the order dated 10.09.2012 made in No. A5/108(a)/2010/CHD passed by the second respondent herein, quash the same and restore the promotion already given to the petitioner as Dock Labour Officer Class II by proceedings of the second respondent dated 02.08.2012 made in No.A5/108 (a)/2010/CHD. 1/4

For Petitioner :

Mr. S.Senthilnathan For R1 & R2 :

Mr. Arun Dhanapalan

O R D E R

This Writ Petition has been filed challenging the order passed by the second respondent reverting the petitioner from the promotional post of Dock Labour Officer (Class II) to the Dock Superintendent by way of impugned order dated 10.09.2012.

2. The petitioner continued in the promotional post of Dock Labour Officer till the age of attaining superannuation on 30.11.2012 and also getting pension regularly in the promotional post till date.

3. The learned counsel for the respondent/Trust on written instructions submitted that at the time of retirement of the petitioner, approval has been obtained to revise the pension in the revised scale of pay in the post of Dock Labour Officer. Accordingly, the pension/consolidation of pension is 2/4

effected from time to time as per the corresponding scale of Dock Labour Officer. The present pension of the petitioner is as follows: Basic Pension - Rs. 36665.00 PAC (Pension after Commutation) - Rs. 30863.00 Dearness Relief - Rs 16133.00 Total - Rs. 46996.00

4. In view of the above submission made by the learned counsel appearing for the respondent/Trust nothing survives in this writ petition for further adjudication, this writ petition is closed. No costs. 13.03.2024 nsl Index : Yes/No Speaking/Non Speaking order To 1.

The Chairman, Chennai Port Trust, Rajajisalai, Chennai - 600 001.

2.

The Deputy Chairman, Chennai Port Trust, Traffic Department, Rajajisalai, Chennai - 600 001.

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J.SATHYA NARAYANA PRASAD, J.

nsl 13.03.2024 4/4