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Madras High CourtWP/30695/2014disposed of

A.Rajaram v. The State Of Tamilnadu

2023-11-23Honourable Dr Justice D.Nagarjun5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN W.P.No.30695 of 2014 & W.P.(MD) No.22407 of 2015 & WMP No.29182 of 2016 & MP.1 of 2014 & M.P.(MD)Nos.1 to 3 of 2015 A.Rajaram ..Petitioner in both Wps.

vs.

WP.No.30695 of 2014 1.The State of Tamilnadu, rep. by its Secretary to Government, Labour & Employment Department, Fort St. George, Chennai-600 009 2.The Commissioner of Labour, DMS Compound, Chennai-600 006 3.The Commissioner, Tribunal for Disciplinary Proceedings, 4/929, Rahmath Nagar, 40 Feet Road, Maharaja Nagar Post, Tirunelveli-627 011.

4.Dr.B.Chandra Mohan I.A.S., (Former Commissioner of Labour), Present Managing Director, CMWSS Board, 1/5

Chinthadripet, Chennai-600 002. ... Respondents in WP.No.30695 of 2014 WP.(MD)No.22407 of 2015 The Commissioner of Labour, Department of Labour, DMS Compound, Tenampet, Chennai-600 006 .respondent in WP.(MD)No.22407 of 2015 PRAYER in WP.No.WP.No.30695 of 2014 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the 3rd respondent in Roc.No.A2/30/2014 TDP No.1 of 2014 dated 14.02.2014, quash the same. PRAYER in WP.(MD)No.22407 of 2015 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the impugned order passed by the respondent vide his proceedings in F1/52214/2013-1 dated 20.03.2014 and consequential order vide proceedings in F1/52214/2013-1 dated 20.03.2014 and quash the same.

For Petitioner(in both wps): M/s.K.Menon Karthik For Respondents : Ms.C.Sangamithirai, Sp.GP for R1 to 3 2/5

O R D E R

Today, when the matters are taken up for hearing, the learned counsel for the petitioner has submitted that the petitioner is no more and in fact, during his life time, he filed three writ petitions, viz., W.P. No.30695 of 2014 & W.P. (MD).No.22407 of 2015 and also W.P.No.36989 of 2007. As against the order passed in W.P.No.36989 of 2007, a Writ Appeal in W.A.No.1313 of 2012 has been preferred, wherein, while disposing of the said Writ Appeal, a Division Bench of this Court, in its judgment dated 19.07.2023 in para 22, has observed the following: "22. In view of the death of the delinquent/Government employee, all these challenges have become infructuous and also the respondent Department/employer already passed an order that, the disciplinary proceedings have become abated. The pendency of those writ petitions will not stand in the way for disbursing the death-cum retirement benefits to the legal heirs of the deceased employee as directed above."

2. Taking into consideration of the above and as the writ petitioner is no more, the challenges made in the present Writ Petitions have virtually become infructuous.

3/5

3. Accordingly, the Writ Petitions are disposed of as having become infructuous. No costs. Consequently, connected MPs are closed. 23.11.2023 Index : Yes/No Speaking order:Yes/No dn To 1.The State of Tamilnadu, rep. by its Secretary to Government, Labour & Employment Department, Fort St. George, Chennai-600 009 2.The Commissioner of Labour, DMS Compound, Chennai-600 006 3.The Commissioner, Tribunal for Disciplinary Proceedings, 4/929, Rahmath Nagar, 40 Feet Road, Maharaja Nagar Post, Tirunelveli-627 011.

Dr.D. NAGARJUN, J 4/5

dn Writ Petition No.30695 of 2014 & WP.(MD)No.22407 of 2015 23.11.2023 5/5