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Madras High CourtWP/3791/2016dismissed

Mr. V.Sankaran v. The State Of Tamilnadu

2022-12-02Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.V.Sankaran ... Petitioner Vs.

The State of Tamil Nadu, The Principal Secretary to Government, Government of Tamil Nadu, Treasuries and Accounts Department, Fort St.George, Chennai - 600 009.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for records of the Government orders issued in G.O.363 Finance (PGC) Department dated 23.08.2013, issued by the respondent and quash the same which is violative of principles of natural justice and consequently to direct the Respondent to sanction 'dearness pay' on the pay last drawn on the date of retirement under the 5th PAY COMMISSION PAY SCALES for the period from 01.06.1998 to 31.12.1995. 1/4

For Petitioner : Mr.R.Mohandoss For Respondent : Mr.P.Gurunathan Additional Government Pleader

ORDER

The relief sought for in the writ petition is to quash the Government Order issued in G.O.No.363 Finance (PGC) Department dated 23.08.2013.

2. The issues relating to revision of pension was considered by the High Court in the case of Kalakurichi Taluk Retired Official Association vs State of Tamil Nadu dated 17.01.2013 and other writ petitions filed by the individuals and the matter went up to the Hon'ble Supreme Court and the Hon'ble Supreme Court disposed of the appeals and based on the order of the Hon'ble Apex Court, the Government issued G.O.No.363, Finance (PGC) Department dated 23.08.2013.

3. Pursuant to the Government Order, the pension of the writ petitioner was already revised by the Principal Accountant General of Tamil Nadu. This being the factum, the petitioner is not eligible for any further revision beyond the scope of the Government Order issued in 2/4

G.O.No.363, Finance (PGC) Department dated 23.08.2013. Thus, the relief as such sought for deserves no further consideration. Accordingly, the writ petition stands dismissed. No costs. 02.12.2022 Index:Yes/No Speaking order/Non-speaking order rgm/mrn To The Principal Secretary to Government, Government of Tamil Nadu, Treasuries and Accounts Department, Fort St.George, Chennai - 600 009.

S.M.SUBRAMANIAM, J.

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