Madras High CourtWA(MD)/123/2015dismissed

The Secy. To Govt., v. A. Narendran,

2018-09-11Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2018

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.123 of 2015 and M.P. (MD) No.1 of 2015 1.The Secretary to Government, Finance (Treasuries and Accounts-1) Department, Secretariat, Chennai - 600 009.

2.The Director of Treasuries and Accounts, Panagal Buildings, Saidapet, Chennai - 600 015.

... Appellants/Respondents Vs.

A,Narendran ... Respondent/Petitioner Writ Appeal filed under Clause 15 of Letter Patent against the order passed by this Court in W.P.(MD)No.8955 of 2014 dated 06.06.2014.

Prayer in WP(MD)No.8955/2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records of the 1st respondent relating to governemnt letter no.44667/T&A-1/2013-1 dated 10.4.2014 and quash the same and consequently direct the respondents to promote the petitioner notionally on par with his juniors and send revised pernsion proposals by re-fixing the pension in the cadre of Additional Treasury officer within a specified time frame that may be fixed by this Hon'ble Court.

For Appellants : Mr.A.K.Baskara Pandian Special Government Pleader For Respondent : Mr.S.Viswalingam https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J) When the matter is taken up for hearing, the learned counsel appearing for the respondent would submit that the respondent is no more and the only legal heir being his wife is not interested in pursuing the matter. In such view of the matter, we are inclined to dismiss the writ appeal.

2.Accordingly, the Writ Appeal stands dismissed. However, the appellants are at liberty to file appropriate appeal, if any legal heir of the respondent makes a claim. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-IV) To 1.The Secretary to Government, Finance (Treasuries and Accounts-1) Department, Secretariat, Chennai - 600 009.

2.The Director of Treasuries and Accounts, Panagal Buildings, Saidapet, Chennai - 600 015.

+ 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 83479 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 84359 SJ TE/VB/PM/SAR-4 : 22/10/2018 : 2P/5C W.A.(MD)No.123 of 2015 and M.P. (MD) No.1 of 2015 11.09.2018 https://hcservices.ecourts.gov.in/hcservices/