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Madras High CourtWP/31528/2018dismissed as abated

A.Veerabhadra Mudaliar v. The Acount Officer (Legal Cell)

2022-03-31Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31528 of 2018 A.Veerabhadra Mudaliar

...Petitioner

-vs1.The Accounts Officer (Legal Cell), Accountant General (Accounts and Entitlements) Tamil Nadu, No. 361, Anna Salai, Chennai - 600 018.

2.The District Educational Officer, PWD Road, Nagarcoil - 629 001.

...Respondents

Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation dated 17.02.2015 and further the Petitioner's Second wife Mrs. Seethalakshmi as the nominee of the Family Pension.

For Petitioners :

Mr. N.Jayakumar For Respondents :

Mr. T.S.Selvarani (for R1) Mr. Vadivelu Deenadayalan, Additional Government Pleader (for R2)

O R D E R

The Writ Petition has been filed for directing the First Respondent to consider the representation dated 17.02.2015 made by the Petitioner to include the name of Seethalakshmi as the nominee for Family Pension.

2.

Learned Counsel for the Petitioner, on instructions, states that the Respondent died on 05.04.2021 after the filing of the Writ Petition and as such, the Writ Petition has abated and he has made an endorsement to that effect in the court record.

https://hcservices.ecourts.gov.in/hcservices/

In fine, the Writ Petition is dismissed as abated. Though obvious, it is made clear that it would not preclude the said Seethalakshmi from seeking any relief sought by the deceased Petitioner in the manner recognized by law including filing of an application for exemption under Rule 82 of the Tamil Nadu Pension Rules, 1978, if she is otherwise eligible for the same. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vjt To 1.The Accounts Officer (Legal Cell), Accountant General (Accounts and Entitlements) Tamil Nadu, No. 361, Anna Salai, Chennai - 600 018.

2.The District Educational Officer, PWD Road, Nagarcoil - 629 001.

+1cc to Government Pleader SR. No.22217 W.P. No. 31528 of 2018 NRL (CO) PR (04/04/2022) https://hcservices.ecourts.gov.in/hcservices/