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Madras High CourtWP/33788/2012dismissed

K.Kanthamani, v. The Secretary To The

2023-09-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.33788 of 2012 and WMP.No.33037 of 2019 K.Kanthamani ... Petitioner Vs.

1.The Secretary to the Government, Home (Prison II) Department, Secretariat, Chennai-9 2.The Additional Director General of Prisons, Chennai 600 008 3.The Deputy Inspector General of Prisons, Chennai-10 4.The Superintendent, Central Prison, Coimbatore 5.The Accountant General(A&E), Tamilnadu, Chennai-18 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the representation dated 08.10.2011 of the petitioner according modifying the order dated 24.01.1984. For Petitioner : Mr.M.Ravi For Respondents 1/4

For R1 to 4 : Mr.V.Veluchamy, Additional Government Pleader For R5 : Ms.Hema Muralikrishnan

O R D E R

This writ petition has been filed for direction to the first respondent to consider the representation dated 08.10.2011 of the petitioner.

2.

Heard, the learned counsel appearing on either side. 3.

On perusal of the representation submitted by the petitioner, it was submitted seeking to review the Government Order passed in GO.(D).No.823, Home (Prison II) Department dated 15.07.2007 and to cancel the order dated 24.01.1984 passed by the Superintendent of Central Prison, Coimbatore in order to modify the punishment of dismissal from service into one of 'compulsory retirement'. The petitioner's husband was dismissed from service for producing fake documents. On the domestic enquiry, the petitioner's husband was 2/4

dismissed from service. It was also confirmed by the appeal. Now by way of writ petition, it cannot be modified or reviewed in order to consider as 'compulsory retirement' for getting terminal benefits. Therefore, this writ petition is devoid of merits and liable to be dismissed. 4.

Accordingly, this writ petition is dismissed. There shall be no order as to costs.

08.09.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Secretary to the Government, Home (Prison II) Department, Secretariat, Chennai-9 2.The Additional Director General of Prisons, Chennai 600 008 3.The Deputy Inspector General of Prisons, Chennai-10 4.The Superintendent, Central Prison, Coimbatore 5.The Accountant General(A&E), Tamilnadu, Chennai-18 6.The Government Advocate, High Court, Madras.

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