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Madras High CourtWP/24387/2004dismissed as infructuous

K.Padmanabhan v. Tn Text Book Corporation,

2017-07-11Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2017

CORAM

THE HON'BLE Mr. JUSTICE P.D. AUDIKESAVALU W.P.No.24387 of 2004 and W.M.P.No.38117 of 2004 K.Padmanabhan .. Petitioner Vs.

Tamil Nadu Text Book Corporation, represented by its Managing Director College Road, Chennai-600 006.

.. Respondents Writ Petition is filed under Article 226 of The Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent herein to pay retirement benefits of the petitioner pursuant to his superannuation and retirement on 31.05.2004 as per his pay on 31.5.2004 from the respondent Corporation with interest.

For Petitioner :

Mr.T.V.Lakshmanan For Respondent :

Mr.P.Anand

ORDER

The petitioner had earlier filed W.P.No.12099 of 1991 against the respondent claiming re-fixation of seniority, which was allowed by this Court by order dated 18.04.2001. On appeal bearing W.A.No.1047/2001, the said order was set aside and consequential direction for restoring the original seniority was issued by order dated 4.11.2009. 2.While the said writ appeal was pending, the petitioner had preferred the present writ petition and interim order was passed in W.P.M.P.No.38117of 2004 directing the respondent to disburse the terminal benefits to the petitioner atleast to the extent to which it is not disputed.

3. Learned Counsel for the Respondent has today produced a type set which contains inter-alia two receipts dated 16.2.2005 for Rs.45,523/- and Rs.1,44,928/- showing payments made to the petitioner, which is not disputed by the learned counsel for the petitioner.

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4. In view of the order passed in the writ appeal, the question of giving effect to the order dated 18.04.2001 in W.P.No.12099 of 1991 does not survive for consideration. Moreover, the undisputed retirement benefits of the petitioner have been received by him. Recording the same, this writ petition is disposed accordingly.

The connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar uma To The Managing Director, Tamil Nadu Text Book Corporation, College Road, Chennai-600 006.

+1 CC to K.R.A. Muthukrishnan, Advocate sr 48970 W.P.No.24387 of 2004 and W.M.P.No.38117 of 2004 SP(01/08/2017) https://hcservices.ecourts.gov.in/hcservices/