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Madras High CourtWP/4391/2012dismissed as abated

R.Durai Raj, v. District Education Officer,

2023-08-29Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4391 of 2012 and MP.No.1 of 2012 R.Durai Raj ... Petitioner Vs.

1.District Education Officer, Chennai(Madras) South, Dr.Ambedkar Government, Higher Secondary School Compound, Egmore, Chennai 600 008 2.The Correspondent, Advent Christian Elementary High School, Gandhi Salai, A.A.Mission Compound, Velacherry, Chennai 600 042 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the second respondent to pay the full pension and also pay the arrears along with retirement benefits.

For Petitioner : No appearance For Respondents 1/4

For R1 : Mr.R.P.Murugan Raja, Government Advocate For R2 : Mr.D.Muthu for M/s.Paul & Paul

O R D E R

This writ petition has been filed for direction to the second respondent to pay full pension and also to pay arrears. 2.

The petitioner was employed as Clerk on 03.06.1968 in the second respondent / School. Thereafter, he retired from service. After his retirement, he was given some form of employment till 2006 and permitted to continue his occupation of the office quarters alloted to him. However, due to long period of time after his retirement, the second respondent is not in a position to respond to the petitioner's claim. Therefore, the petitioner is not entitled for any further amount towards retirement benefit.

3.

That apart, the petitioner also died and no legal representatives so far impleaded themselves in his place. Therefore, this 2/4

writ petition is dismissed as abated. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 29.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.District Education Officer, Chennai(Madras) South, Dr.Ambedkar Government, Higher Secondary School Compound, Egmore, Chennai 600 008 2.The Correspondent, Advent Christian Elementary High School, Gandhi Salai, A.A.Mission Compound, Velacherry, Chennai 600 042

3. The Government Advocate, High Court, Madras.

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