B.Kesavan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.04.2023
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.M.P.No.10140 of 2019 B.Kesavan ... Petitioner Vs.
1. The Government of Tamilnadu rep. By the Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009
2. The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006
3. The Chief Educational Officer Kancheepuram, Kancheepuram District
4. The District Elementary Educational Officer, Kancheepuram, Kancheepuram District
5. The Assistant Accounts Officer, Office of the Principal Accountant General (A&E) Tamilnadu, chennai (Admissibility report of Entitlement of pensionary benefits of retiring employees) 361, Anna Salai, Chennai - 600 018
...Respondents
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Writ Petition is filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned orders in proceeding Pr/AG(A&E)/PENP10/11018012/1/1R1018042/109 dated 11.08.2016 of the 5th respondent, the Assistant Accounts Officer, Office of the Principal Accountant General (A&E), Tamilnadu, Chennai and the consequential order passed by the 4th respondent / District Educational Officer, Kancheepuram in his proceeding Na.Ka.No.1071/A2/2017 dated 04.12.2017 and quash the same and to direct the 4th respondent to refund the recovered amount of retirement gratuity Rs.5,14,970/- (Rupees five lakhs fourteen thousand nine hundred and seventy only) which was already sanctioned amount of retirement gratuity to the tune of Rs.
10,00,000/- and further direct the 4th respondent to forward the original pension proposal based on the last pay of Rs.34,010/- in the pay bad of Rs.15600/-- Rs.39100/- + Grade pay of Rs.5,400/- for sanctioning the monthly pension of Rs.17,005/- by the 5th respondent and award all the consequential benefits.
For Petitioner : Mr.K.Thennan 2/6
For Respondents : Mr.T.Chezhian for R1 to R4 Additional Government Pleader Mr.V.Murali for R5
O R D E R
Seeking to call for the impugned order 11.08.2016 of the 5th respondent and the consequential order passed by the 4th respondent proceeding Na.Ka.No.1071/A2/2017 dated 04.12.2017 and to direct the 4th respondent to refund the recovered amount of retirement gratuity Rs.5,14,970/- (Rupees five lakhs fourteen thousand nine hundred and seventy only), which was already sanctioned amount of retirement gratuity to the tune of Rs.10,00,000/- and further, to direct the 4th respondent to forward the original pension proposal based on the last pay of Rs.34,010/- in the pay bad of Rs.15600/--Rs.39100/- + Grade pay of Rs.5,400/- for sanctioning the monthly pension of Rs.17,005/- by the 5th respondent and award all the consequential benefits, the present Writ Petition has been filed.
2.The learned counsel for the petitioner seeks permission of this Court to withdraw the present petition and has also made an endorsement in the bundle to that effect.
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3. In view of the said submission and the endorsement made by the learned counsel for the petitioner, the present Writ Petition is hereby dismissed as withdrawn. Consequently, connected miscellaneous petition is closed. No costs.
28.04.2023 Index : Yes/No Internet : Yes/No Speaking /Non-Speaking Order ssd
1. The Government of Tamilnadu rep. By the Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009
2. The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006
3. The Chief Educational Officer Kancheepuram, Kancheepuram District
4. The District Elementary Educational Officer, Kancheepuram, Kancheepuram District
5. The Assistant Accounts Officer, 4/6
Office of the Principal Accountant General (A&E) Tamilnadu, chennai (Admissibility report of Entitlement of pensionary benefits of retiring employees) 361, Anna Salai, Chennai - 600 018 V.BHAVANI SUBBAROYAN, J., ssd W.M.P.No.10140 of 2019 5/6
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