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Madras High CourtWP/5916/2011dismissed for nonprosecution

A.Abdul Azeez v. The Secretary To Government

2018-12-20Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.5916 of 2011 and M.P. No.1 of 2011 S.Abdul Azeez

...Petitioner

Vs.

1.The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director of Public Health and Preventive Medicine, DMS Compound, Chennai 600 006.

3.The Deputy Director of Health Services, O/o. The Deputy Director of Health Services, Nagore Road, Nagapattinam.

4.The Block Medical Officer, Primary Health Centre, Akkur, Nagapattinam Health Unit District, Nagapattinam.

5.The Accountant General, O/o.The Accountant General, Teynampet, Chennai- 600 018. ...Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the Director of Public Health and Preventing Medicine, Chennai - 6, the 2nd respondent herein passed in his proceedings R No.40758/PHC7/A2/2008 dated 18.08.2010 and to quash the same and permit the petitioner to retire from service with effect from 31.08.2010 and directing the respondents to settle the retirement benefits of the petitioner from the date of entry into the service i.e., 15.05.1975 upto 31.08.2010 on the date on which the petitioner attained superannuation by paying the Gratuity, Pension, GPF final settlement, Earned Leave Credit, Unearned leave on medical grounds, last month salary for August

2010 and other benefits along with interest at the rate of 15% per annum from 31.08.2010 till the amount is settled within a time frame fixed by this Court.

For Petitioner : No appearance For Respondents : Mr.A.Zakir Hussain, Government Advocate.

O R D E R

On 19.12.2018, when the matter was taken up for hearing, there was no representation on behalf of the petitioner. Hence, this Court directed the Registry to list the case on 20.12.2018, under the caption "for dismissal''. Even today, there is no representation for the petitioner. Hence, it is clear that the petitioner is not interested to prosecute the case.

2. Therefore, this Writ Petition is dismissed for non prosecution. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar avr To 1.The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director of Public Health and Preventive Medicine, DMS Compound, Chennai 600 006.

3.The Deputy Director of Health Services, O/o. The Deputy Director of Health Services, Nagore Road, Nagapattinam.

4.The Block Medical Officer, Primary Health Centre, Akkur, Nagapattinam Health Unit District, Nagapattinam.

5.The Accountant General, O/o.The Accountant General, Teynampet, Chennai- 600 018.

+1cc to Government Pleader SR.No.89490 W.P. No.5916 of 2011 and M.P. No.1 of 2011 NM(CO) GMY(31/01/2019)