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Madras High CourtWP/29376/2012dismissed as infructuous

R.Senthil Kumar, v. The Secretary Of Finance

2023-02-11Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate W.P.No.29376 of 2012 (Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus directing the respondents to refund the sum of Rs.26,367/- with 8% interest to the petitioner, which was deducted from the monthly salary of the petitioner from 28.02.2006 to 18.11.2009 as Contributory Pension Scheme.) R.Senthil Kumar ... Petitioner Vs.

Chennai - 600 108.

3. The Finance Advisor of Chennai Corporation, Ripon Building, Chennai - 600 003.

4. The Commissioner of Chennai Corporation, Ripon Building, Chennai - 600 003.

...Respondents

This case is taken up for settlement before the National Lok Adalat. 1/4

Mr.S.Gopinathan, learned counsel for the third and fourth Respondent is present before this Court.

Term of Settlement The Writ Petition is filed by the Petitioner/R.Senthil Kumar seeking to direct the Respondents to refund the sum of Rs.26,367/- with 8% interest to the Petitioner which was deducted from the monthly salary of the Petitioner from 28.02.20006 to 18.11.2009 as Contributory Pension Shceme.

2. The Learned Counsel for the Respondents submitted that already Rs.62,424/- paid vide Cheque No.112026 dated 11.02.2023 which was already withdrawn by the Writ Petitioner. He furthe submitted that the prayer in this Petition has become infructuous. The Petitioner has given a letter dated 13.02.2023 to that effect. The same is also furnished by the Learned Counsel for the Respondents, and the same is recorded.

3. Accordingly, this Writ Petition is dismissed as infructuous. No costs.

R.Senthil Kumar ... Petitioner .

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Chennai - 600 108.

3. The Finance Advisor of Chennai Corporation, Ripon Building, Chennai - 600 003.

4. The Commissioner of Chennai Corporation, Ripon Building, Chennai - 600 003.

...Respondents

This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned Copy to:

Chennai - 600 108.

3. The Finance Advisor of Chennai Corporation, Ripon Building, Chennai - 600 003.

4. The Commissioner of Chennai Corporation, Ripon Building, Chennai - 600 003.

3/4

5.The Secretary, High Court Legal Services Committee, Chennai. 6.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies SATHI KUMAR SUKUMARA KURUP, J.

dh/dna 11.02.2023 4/4