The State Of Tamilnadu v. P. Karuppaiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.821of 2017 and C.M.P.(MD)No.5680 of 2017
1. The State of Tamil Nadu, Rep.by its Secretary, Finance (Pension)Department, St.George Fort, Chennai.
2. The Commissioner, Directorate of Rural Development & Panchayati Raj Department, Panagal Building, Saidapet, Chennai-600 015.
3. The District Collector, Collectorate (Development), Panagal Building, Thanjavur District.
4. The Commissioner, Panchayat Union Office, Ammapettai, Thanjavur District.
5. The Block Development Officer(Block Panchayat), Panchayat Union Office, Ammapettai, Thanjavur District.
6. The Director, Local Fund Accounts, Kuralagam, 4th Floor, Chennai-108, (R6 Implead vide order dated 04.02.2015) ..Appellants Vs.
P.Karuppaiah ..Respondent PRAYER: Writ Appeal is filed under clause 15 of Letter Patent Act, to allow the Writ Appeal by setting aside the order made in W.P. (MD)No.946 of 2013 dated 04.02.2015 on the file of this Court.
Prayer in WP(MD). 946/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to give pension to the petitioner as per G.O.No.408 dated 25.08.2009 issued by the Principal Secretary of Tamil Nadu Government For Appellants : Mr.T.S.Mohammed Mohideen Additional Government Pleader For Respondent : Mr.T.Vadivelan for Mr.Karthick Subramanian
J U D G M E N T
*********** [Judgment of the Court was delivered by K.K.SASIDHARAN, J.] The writ petition filed by the respondent was allowed by this Court and a Mandamus was issued to grant him pension as per Government Order in G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009. The order was passed taking into account the fact that the respondent was appointed as Pump Operator on 01.03.1991 and his services were regularised on 31.05.2001. The order is now under challenge.
2.When the intra Court appeal was taken up for hearing, the learned counsel for the respondent by placing reliance on the Government Order in G.O.Ms.No.131, Rural Development and Panchayat (E5) Department, dated 01.10.2015 submitted that the appellants considered the case of the respondent and granted him pension. The learned counsel produced a copy of the pension payment order to prove the subsequent events.
3.In view of the subsequent development and in particular, issuance of Government Order in G.O.Ms.No.131, Rural Development and Panchayat (E5) Department, dated 01.10.2015 and the order passed by the appellants granting pension to the respondent, no further adjudication is necessary in this intra Court appeal. 4.We therefore dispose of the appeal on account of the subsequent events. No costs. Consequently, connected Miscellaneous petition is closed.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar
To
1. The State of Tamil Nadu, Rep.by its Secretary, Finance (Pension)Department, St.George Fort, Chennai.
2. The Commissioner, Directorate of Rural Development & Panchayati Raj Department, Panagal Building, Saidapet, Chennai-600 015.
3. The District Collector, Collectorate (Development), Panagal Building, Thanjavur District.
4. The Commissioner, Panchayat Union Office, Ammapettai, Thanjavur District.
5. The Block Development Officer(Block Panchayat), Panchayat Union Office, Ammapettai, Thanjavur District.
6. The Director, Local Fund Accounts, Kuralagam, 4th Floor, Chennai-108.
+1 cc to Special Government Pleader in SR.No.64929 rj2/psd AE/MR KKR/SAR3/20.07.2017/3P/8C JUDGMENT MADE IN W.A.(MD)No.821of 2017 and C.M.P.(MD)No.5680 of 2017 11.07.2017