Union Of India v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR & THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Writ Petition No.18365 of 2009 & M.P.No.1 of 2009

1. Union of India represented by its General Manager, Southern Railway, Chennai.

2. The Chief Mechanical Engineer, Chennai Division, Southern Railway, Chennai.

3. The Deputy Chief Mechanical Engineer, Carriage and Wagon Works, Ayanavaram, Chennai.

4. The Carriage Works Manager, Carriage Works, Southern Railway, Chennai.

.. Petitioners - Vs -

1. The Registrar, Central Administrative Tribunal, Chennai Bench, Chennai - 600 104.

2. R.Srinivasan .. Respondents PETITIONs under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorari to call for the entire records of the 1st respondent in O.A. No.530 of 2008 including the order dated 3.8.2009 and quash the same. For Petitioners: Mr.V.G.Suresh Kumar For Respondents : Mr.L.Kishore - R2

O R D E R

(Order of the Court was made by R.SUDHAKAR,J.) Challenging the order passed by the Tribunal dated 03.08.2009 made in O.A.No.530 of 2008, wherein, the Tribunal directed the concerned authorities to permit the applicant https://hcservices.ecourts.gov.in/hcservices/

therein to retire from service and to settle all the service benefits, the present Writ Petition has been filed.

2. When the matter was called, learned counsel appearing for the petitioners submitted that pending the Writ Petition, the second respondent died on 16.7.2014 and the petitioners have sanctioned the terminal benefits due to the second respondent. The Deputy Chief Personnel Officer, Southern Railway, Chennai has filed an affidavit dated 26.2.2016 in this regard, the relevant portion of which reads as follows: "...4. I state that pending the writ petition, the 2nd respondent died on 16.7.2014 and a request was made by his wife, Smt.Yasodha, to the administration to arrange the terminal benefits payable to the 2nd respondent.

5. I state that the competent authority after consideration has agreed to sanction for payment of the terminal benefits and family pension to the wife of the deceased employee under the letter dated 18.12.2014."

3. In the light of the above, nothing further survives in this Writ Petition. Hence, this Writ Petition stands closed. No costs. Consequently, M.P.No.1 of 2009 is also closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl To The Registrar, Central Administrative Tribunal, Chennai.

+1cc to Mr.V.G. Suresh Kumar, Advocate, S.R.No.13152 SK(CO) EU(15/03/2016) Writ Petition No.18365 of 2009 & M.P.No.1 of 2009 https://hcservices.ecourts.gov.in/hcservices/