Madras High CourtWP/20601/2018dismissed as infructuous

V.Sivaraman v. Government Of Tamilnadu

2024-02-23Honourable Mr Justice Battu Devanand4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HON'BLE MR.JUSTICE BATTU DEVANAND and WMP.No.24221 of 2018 V.Sivaraman ..Petitioner Vs

1. Government of Tamil Nadu , Rep by Secretary to Government.

Revenue Department, Secretariat, Chennai 600 009.

2. The Commissioner of Revenue Administration, Chepauk, Chennai 600 005.

3 The District Revenue officer, Namakkal District, Namakkal.

4. The Revenue Divisional officer, Tiruchengode Division, Tiruchangode, Namakkal Dist.

5. The Branch Officer, O/o. Principal Accountant-General(A &E) , TamilNadu Chennai 600 018, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records

on the file of the 5th Respondent relating to the order in Letter No.AG(A&E)/PEN/P.26/3/12621137 dated 31.03.2016 and the order of the 4th Respondent in Na.Ka.No.5043/2015/A dated 08.12.2016 to quash the same to the limited extent of not admitting minimum pension to the petitioner and to issue consequential directions to the Respondents to draw and disburse the minimum pension sanctioned in G.O.Ms.No.158 Revenue (Ser.8(2)Dept.dated 08.04.2015 of the 1st Respondent and arrears thereof without prejudice to his right of claiming the minimum pension from 01.07.2010 the date of his retirement.

For Petitioner : No appearance For Respondents : Ms.Akila Rajendran, GA RR1 to 4 Ms.Hema Muralikrishnan R5

O R D E R

The writ petition has been filed seeking to quash the order passed by the 5th Respondent dated 31.03.2016 and the order of the 4th Respondent dated 08.12.2016 and to issue consequential directions to the Respondents to draw and disburse the minimum pension sanctioned in G.O.Ms.No.158 Revenue (Ser.8(2)Dept., dated 08.04.2015 of the 1st Respondent and arrears thereof without prejudice to his right of claiming the minimum pension from 01.07.2010 the date of his retirement.

2. During the course of hearing, the learned Standing Counsel appearing for the 5th respondent, on instructions, submits that the 5th respondent has issued pension order dated 28.12.2018 granting minimum pension to the petitioner as per the G.O.MS.No.158, dated 08.04.2015. The learned Standing Counsel has placed a copy of the pension sanctioned order dated 28.12.2018 before this Court and it is placed on record.

3. Considering the fact that the petitioner has already been granted minimum pension as per the order dated 28.12.2018 passed by the 5th respondent, in the considered view of this Court, nothing survives for adjudication in the writ petition and accordingly, the writ petition is dismissed as infructuous.

Consequently, connected miscellaneous petition is closed. No costs.

23.02.2024 rli Index : Yes/No Internet: Yes/No Speaking order/ Non speaking order

BATTU DEVANAND, J rli To