M.Madan Gopal v. The Chief Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No. 1 & 2 of 2012 M. Madan Gopal

...Petitioner

-Vs1.

The Chief Manager, Centralized Pension Processing Centre, No. 112/4, Kaliamman Koil Street, Verugampakkam, Chennai - 600 092.

2.

The Branch Manager, Mookandapalli Branch (6242), Hosur, Krishnagiri District.

3.

The Controller of Defence Accounts, O/o. Controller of Defence Accounts, 618, Anna Salai, Teynampet, Chennai -600 018.

(R3-Impleaded as per order dated 11.07.2013 by NKKJ in M.P.No. 1 of 2013 in W.P.No. 31065 of 2012) 4.

The Principal Controller of Defence Accounts, 1/5

O/o. The PCDA (Pensions), Draupadi Ghat,Allahabad - 1.

(R4-Impleaded as per order dated 18.08.2014 by DHPJ in M.P.No. 1 of 2014 in W.P.No. 31065 of 2012)

...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 for the records relating to Clause 4.3 of the Circular No.430 dated 10.03.2010 passed by the fourth respondent and the consequential order of recovery made in Advise of Recovery as per AG Audit dated 21.11.2011 passed by the first respondent, quash the same and consequently direct the respondents to refund the recovered amount with interest at the rate of 12% to the petitioner within the time frame fixed by this Court. (Prayer Amended as per order dated 25.08.2014 by DHPJ in M.P.No.2 of 2014 in W.P.No. 31065 of 2014) For Petitioner :

Mr. N.Monoharan For R1 & R2 :

Mr. C.K. Chandrasekar For R3 :

Mr.N.Ramesh For R4 :

No ready Notice 2/5

O R D E R

Today, 11.03.2024, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is reported dead.

2. In view of the submission made by the learned counsel for the petitioner, this writ petition is dismissed as abated. No costs. 11.03.2024 nsl Index : Yes/No Speaking/Non Speaking order To 1.

The Chief Manager, 3/5

Centralized Pension Processing Centre, No. 112/4, Kaliamman Koil Street, Verugampakkam, Chennai - 600 032.

2.

The Branch Manager, Mookandapalli Branch (6242) Hosur, Krishnagiri District.

3.

The Controller of Defence Account, O/o. Controller of Defence Accounts, 618, Anna Salai, Teynampet, Chennai - 600 018.

4.

The Principal Controller of Defence Accounts, O/o. The PCDA (Pensions), Draupadi Ghat, Allahabad - 1.

J.SATHYA NARAYANA PRASAD, J.

nsl 4/5

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