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Madras High CourtWP(MD)/7959/2020allowed

P.Selvaraj v. The Accountant General(A And E)

2021-07-22Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.[MD]No.7959 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.7959 of 2020 and W.M.P(MD) No.7407 of 2020 P.Selvaraj ... Petitioner Vs.

1.The Accountant General(A & E) No.361, Annasalai, Chennai -18.

2.The Principal District Judge Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first Respondent in No. AG (A&E)/PEN P02/10225755/3/ R0225755, dated 19.02.2020 and quash the same.

For Petitioner : Mr.R.V.Rajkumar For 1st Respondent : Mrs.S.Mahalakshmi For 2nd Respondent : Mr.T.S.Mohammed Mohideen Standing Counsel

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.R.V.Rajkumar, learned counsel appearing for the petitioner and Mrs.S.Mahalakshmi, learned Counsel appearing for the first respondent and Mr.T.S.Mohammed Mohideen, learned Standing Counsel appearing for the second respondent.

2. This writ petition has been filed praying for issuance of Writ of Certiorari to quash the order passed by the first respondent, the Accountant General, dated 19.12.2020 and issue appropriate direction to re-fix the pension.

3.We need not labour much to decide the controversy raised in this writ petition, as revised proposal has been sent by the then Principal District Judge, Virudhunagar District, to the Accountant General on 29.01.2021 and on receipt of the revised proposal, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7959 of 2020 Accountant General has considered the same and passed orders, revising the petitioner's pension at the appropriate level. 4.In the light of the same, the order impugned has to be necessarily set aside.

5.Accordingly, the Writ Petition is allowed and the impugned order is set aside, in the light of the fact that the first respondent has accepted the revised pension proposal submitted by the second respondent and granted the benefits to the writ petitioner.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) RM 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.

To 1.The Accountant General(A & E) No.361, Annasalai, Chennai -18.

2.The Principal District Court, Virudhunagar District, Srivilliputtur.

W.P.[MD]No.7959 of 2020 22.07.2021 MGJ(03.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2