The Principal Secretray v. V.Thiruvengadam(Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Appeal No.2324 of 2019 and CMP No.15294 of 2019

1. The Principal Secretary, Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai - 5.

...Appellant/ Respondent -VsV.Thiruvengadam (Deceased)

1. Neela

2. Senthil

3. Sarguna

4. Malaravan (R1 to R4 are substituted as LRs of deceased V.Thiruvengadam as per order dated 10.04.2018)

...Respondents/Petitioners

APPEAL filed under Clause 15 of the Letters Patent to set aside the order dated 20.06.2018 made in W.P.No.1425 of 2012. Prayer:- Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to quash the proceedings of the respondent in Ref Ser 5(3)49556/1999 dated 31.10.2011 and quash the same as illegal incompetent and without jurisdiction and further direct the respondent to pay the service benefits to the petitioner as per law.

For Appellant : Mrs.A.Sri Jayanthi, Spl.G.P. For Respondents: Mr.V.Raghavachari

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,) The learned single Judge by order dated 20.06.2018 in W.P.No.1425 of 2012 directed the appellant herein to pay the monetary benefits due to the employee within a period of 12 weeks. In order to direct the appellant to make the payment,

the learned single Judge modified the punishment imposed by the disciplinary authority. Feeling aggrieved by the said order, the appellant has filed the intra Court appeal.

2. When the appeal is taken up for hearing today, learned Special Government Pleader by producing a copy of the proceedings dated 20.12.2018 submitted that the Government has sanctioned the provisional pension to Thiru.G.Thiruvengadam, Village Administrative Officer (Retired). His widow is shown as the recipient of the provisional pension.

3. In view of the order dated 20.12.2018, nothing survives for further adjudication. The intra Court appeal is dismissed as infructuous in view of the subsequent events as noted above. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.

sl Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Principal Secretary, Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai - 5.

Writ Appeal No.2324 of 2019 and CMP No.15294 of 2019 Kak(11/10/2019)