Seethalakshmi, v. The Joint Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) No. 15272 of 2013 and M.P. (MD) No. 1 of 2013 Seethalakshmi ... Petitioner -vs1.The Joint Director of School Education, (Second Grade) Office of the Joint Director of School Education, College Road, Chennai.

2.The Chief Educational Officer, Office of the Chief Educational Officer, Tirunelveli.

3.The District Educational Officer, Tirunelveli.

4.The Secretary, Madura Diraviyam Thayumanavar Hindu College Higher Secondary School, Tirunelveli.

5.The Accountant General of Tamil Nadu, Office of the Accountant General, Chennai - 600 018.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the Fourth Respondent herein to disburse the arrears of salary and other monetary benefits payable to the Petitioner's husband Mr. Shanmugasundaram from 01.09.1982 in the light of the proceedings issued by the First Respondent herein in Pa. Mu. No. 226173/SGE/U3/G8/83 dated 23.03.1984 with interest at the rate of 12% and consequently direct the respondents herein disburse the retiral benefits and arrears of pension payable to the petitioner's husband from the date of retirement with interest at the rate of 12% till 13.11.2011 and family pension and arrears of family pension thereafter to the Petitioner within a reasonable time as may be specified by this Court.

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For Petitioner : No appearance For Respondents : Mr. D. Gandhiraj 1 to 3 Learned Counsel on behalf of Government of Tamil Nadu For Respondent No.4: Mr.M.Ravi For Respondent No.5: Mr.P.Gunasekaran

ORDER

There is no representation for the Petitioner when the matter is called today.

2.

Heard Mr. D.Gandhiraj, Learned Counsel representing First to Third Respondent and Mr. M.Ravi, Learned Counsel for the Fourth Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

3.

Learned Counsel for the Fourth Respondent states that the Petitioner died and he has also filed a memo dated 28.06.2021 through e-mail to that effect which is placed on record. 4.

After the death of the Petitioner, no useful purpose would be served in keeping the Writ Petition pending without bringing her legal representatives on record. Hence, the Writ Petition is dismissed as abated leaving it open to the legal representatives of the Petitioner to apply for revival of the Writ Petition in accordance with law. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. 2/3

To 1.The Joint Director of School Education, (Secondary Grade) Office of the Joint Director of School Education, College Road, Chennai.

2.The Chief Educational Officer, Office of the Chief Educational Officer, Tirunelveli.

3.The District Educational Officer, Tirunelveli.

4.The Accountant General of Tamil Nadu, Office of the Accountant General, Chennai - 600 018. W.P.(MD)No.15272 of 2013 28.06.2021 SRK(CO) TR(12.07.2021) 3P 5C 3/3