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Madras High CourtWP/29370/2010closed

T.K.Ramanujam, v. The Secretary,

2017-11-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.29370 of 2010 and M.P.No.1 of 2010 T.K.Ramanujam .. Petitioner vs

1. The Secretary, Neyveli Lignite Corporation Limited, Neyveli, Panruti Taluk, Cuddalore District.

2. Township Administrator, Neyveli Lignite Corporation Limited, Neyveli, Panruti Taluk, Cuddalore District.

3. Assistant Township Administrator/TA, Neyveli Lignite Corporation Limited, Neyveli, Panruti Taluk, Cuddalore District.

4. Secretary, (Schools) Jawahar Education Society, Block-17, Neyveli - 607 801.

5. General Secretary, Jawahar Education Society, Block-17, Neyveli - 607 801. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant extension of service on superannuation, to the petitioner, upto May 2011 or alternatively to pay emoluments equivalent to such period of employment and all arrears due upon all attendant benefits.

For Petitioner : Mr.R.Gururaj For RR1 to 3 : Mr.N.Nithianandam For RR 4 and 5 : Mr.K.Rajmohan

O R D E R

The relief sought for by the writ petitioner is for seeking to issue a direction to the respondents to grant extension of service on superannuation, to the petitioner, upto May, 2011 or alternatively to pay emoluments equivalent to such period of employment and all arrears due upon all attendant benefits.

2. At the outset, the relief prayed is for the extension of service till the end of the academic year, on super annunation. The learned counsel for the petitioner submitted that the writ petitioner has passed away. Thus, the question of considering the prayer in respect of the direction to grant extension of service on superannuation does not arise at all.

3. In view of the fact that the petitioner is no more, the relief sought for in this writ petition cannot be granted to the legal heirs of the writ petitioner. They are only entitled for getting the necessary pensionary benefits in accordance with the rules in force. Thus, no further adjudication is need to be undertaken on merits in this writ petition.

4. Accordingly, the Writ Petition is closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar msrm/sts

To

1. The Secretary, Neyveli Lignite Corporation Limited, Neyveli, Panruti Taluk, Cuddalore District.

2. Township Administrator, Neyveli Lignite Corporation Limited, Neyveli, Panruti Taluk, Cuddalore District.

3. Assistant Township Administrator/TA, Neyveli Lignite Corporation Limited, Neyveli, Panruti Taluk, Cuddalore District.

+1cc to Mr.R.Gunuraj, Advocate SR.No.84490 +1cc to Mr.N.Nithyanandam, Advocate SR.No.86648 W.P.No.29370 of 2010 RJ(CO) GN(29/12/2017)