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Madras High CourtWP/33772/2016dismissed as abated

J.S.Gopalakrishnan (Office v. The State Of Tamil Nadu

2025-04-30Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.29139 to 29141 of 2016 J.S.Gopalakrishnan ... Petitioner Vs The State of Tamil Nadu, Represented by:

1.Secretary to Government, Agriculture (AU) Department, Secretariat, Fort.St.George, Chennai - 9.

2.The Director of Agriculture, Chepauk, Chennai - 5.

3.The Registrar, Tamil Nadu Agricultural University, Coimbatore - 641 003.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records from the respondents and quash the order issued by the 3rd respondent under Lr.No.L.Dis.A3/23721/2015, dated 06.11.2015 as the same is 1/4

unjust, illegal and incompetent and consequentially direct the respondents to consider the seniority of the petitioner in the post of Junior Assistant with effect from 03.08.1970 instead of 11.06.1979, by counting the services of the petitioner in the post of Telephone Operator to the cadre of Junior Assistant.

For Petitioner : No Appearance For Respondents : Mr.K.Suresh Government Advocate for R1 and R2 Mr.S.Manikandan for R3

ORDER

There is no representation on behalf of the petitioner.

2. The learned Standing Counsel for the 3rd respondent submits that the petitioner has died on 08.08.2020. He has also filed a copy of the death certificate. The writ petition abates for non-joiner of the Lr's of the deceased petitioner. Therefore, this Writ Petition is dismissed as abated. Since the pensionary benefits have not been paid according to the deceased petitioner, which was accrued during the lifetime of the petitioner. Liberty is given to the Lr's of the deceased petitioner to 2/4

initiate fresh action for re-consideration of the payment of pensionary benefits of the deceased petitioner.

3. This Writ Petition is dismissed as abated. No costs. Consequently, connected Miscellaneous Petitions are closed. 30.04.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas To The State of Tamil Nadu, Represented by:

1.Secretary to Government, Agriculture (AU) Department, Secretariat, Fort.St.George, Chennai - 9.

2.The Director of Agriculture, Chepauk, Chennai - 5.

3.The Registrar, Tamil Nadu Agricultural University, Coimbatore - 641 003.

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C.SARAVANAN, J.

jas and W.M.P.Nos.29139 to 29141 of 2016 30.04.2025 4/4