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Madras High CourtWP(MD)/2296/2020dismissed as infructuous

Gabriel v. The State Of Tamil Nadu

2022-12-20Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.2296 of 2020 and WMP(MD) No.1949 of 2020 Gabriel ... Petitioner -vs1.The State of Tamil Nadu represented by its Secretary Rural Development and Local Administration Department Fort St. George, Chennai 2.The Director of Rural Development Kuralagam Chennai 600 108 3.The District Collector of Kanyakumari At Nagercoil Kanyakumari District.

4.The Commissioner, Melpuram Panchayat Union, Melpuram, Kanyakumari District.

5.The Director of Local Fund Audit, No.571 Officers' Building, Veterinary Hospital Campus, 4th Floor, Anna Salai, Nandanam Chennai 600 035.

Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the 5th respondent pertaning to his order in Pension Payment Order in P.P.O.No.21933(P.U.P) dated 28.12.2005 in R.Dis.No.56388/Y3/05 dt.28.12.05 on his file quash the same insofar as the same has not taken into consideration fifty percent of the periods of the petitioners service from 23.07.1971 his service on appointment as per resolution No.11 dt. 10.04.1975 and his service from 7.9.1976 and the period of his continuous service from 1.8.1978 till the regularisation of his service w.e.f 1.6.1980 and the regularization of his service from 1.5.1990 to 11.6.1990 as per the order dated 26.11.1998 of this Hon'ble Court in WP.No.

3248 of 1992 on its file and hence that there is no break in his service from 01.06.1980 directing the respondents to rectify their mistake by computing all his pensionary benefits relating to his said pension payment order taking into consideration fifty per cent of the periods of his service from 23.07.1971 his service on appointment as per resolution No.11 dated 10.04.1975 and his service from 07.09.1976 and the period of his continuous service from 01.08.1978 till the regularisation of his service with effect from 01.06.1980 and taking into consideration the regularisation of his service from 01.05.1990 to 11.06.

26.11.1998 of this Court in WP No.3248 of 1992 on its file and hence that there is no break in his service from 01.06.1980 and pay the arrears based on the same within a time to be fixed by this Court. For Petitioner :

Mr.K.N.Thampi For Respondents :

Mr.S.P.Maharajan for R1 to R3 and R5 Special Government Pleader No appearance for R4

O R D E R

This writ petition has been filed challenging the impugned order dated 28.12.2005 and for a consequential direction to the respondents to rectify their mistake by computing all his pensionary benefits relating to his said pension payment order taking into consideration fifty per cent of the periods of his service from 23.07.1971 his service on appointment as per resolution No.11 dated 10.04.1975 and his service from 07.09.1976 and the period of his continuous service from 01.08.1978 till the regularisation of his service with effect from 01.06.1980 and taking into consideration the regularisation of his service from 01.05.1990 to 11.06.1990 as per the order dated 26.11.1998 of this Court in WP No.3248 of 1992 on its file and hence

that there is no break in his service from 01.06.1980 and pay the arrears based on the same.

2. When the matter was taken up for hearing, the learned counsel for the petitioner would submit that during the pendency of the writ petition, the petitioner died and since the legal heirs has not come forward to represent the petitioner, he prays for appropriate orders. The said statement is recorded.

3. This writ petition is filed for computing the pensionary benefits of the petitioner. Since it is reported that the petitioner died, this writ petition is dismissed as abated. However, liberty is granted to the legal heirs to pursue their remedy, if they are so advised. No costs. Consequently connected Miscellaneous Petition is closed.

20.12.2022 Index : Yes/No Internet : Yes RR

To 1.The Secretary Rural Development and Local Administration Department Fort St. George, Chennai 2.The Director of Rural Development Kuralagam Chennai 600 108 3.The District Collector of Kanyakumari At Nagercoil Kanyakumari District.

4.The Commissioner, Melpuram Panchayat Union, Melpuram, Kanyakumari District.

5.The Director of Local Fund Audit, No.571 Officers' Building, Veterinary Hospital Campus, 4th Floor, Anna Salai, Nandanam Chennai 600 035.

M.DHANDAPANI, J.

RR W.P.(MD) No.2296 of 2020 20.12.2022