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Madras High CourtWP/11990/2020closed

S.Ravi v. The Secretary

2023-10-30Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.11990 of 2020 S.Ravi ...

Petitioner /vs/

1. The Secretary, Revenue Department, Secretariat, Chennai.

2. The Addl. Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai.

... Respondents Writ Petitions are filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent to consider the petitioner's representation dated 04.05.2020 and issue the NOC sought for by the Treasury at Coimbatore vide their letter dated 23.07.2019 and thereby release the pension and other terminal benefits payable to the petitioner in a time bound manner.

For Petitioners ... Mr.V.Chandraprabu For Respondents ... Mr.G.Nanmaran Special Government Pleader

ORDER

This writ petition has been filed by the petitioner seeking a writ of mandamus directing the second respondent to consider the petitioner's representation dated 04.05.2020 and issue No Objection Certificate sought by the Treasury at Coimbatore vide their letter dated 23.07.2019 and thereby release the pension and other terminal benefits payable to the petitioner in a time bound manner.

2. The petitioner who was working as Deputy Collector has attained superannuation on 31.12.2018 and he has been issued with pension payment order on 12.07.2019. However the sanction was not accorded for want of No objection Certificate. It appears that the second respondent had issued an order dated 28.07.2021 by stating that the original authorization of the pension has been cancelled in view of some report submitted by the Director of Vigilance and Anti-Corruption, Chennai involving the petitioner in a case. Subsequent to that the petitioner was sanctioned with

provisional pension of Rs.35,550/- from 01.01.2019 till the conclusion of enquiry by DVAC. Hence the petitioner has filed another writ petition in W.P.No.17103 of 2021 challenging the above proceedings.

3. Since the petitioner can get a consolidated remedy in W.P.No.17103 of 2021, the present Writ Petition is superfluous and the same is closed as unnecessary. No costs.

30.10.2023 Index: Yes / No Speaking order / Non-speaking order bkn To:

1. The Secretary, Revenue Department, Secretariat, Chennai.

2. The Addl. Chief Secretary / Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai.

R.N.MANJULA ,J.

bkn W.P. No.11990 of 2020 30.10.2023