S.Muthupetchi, v. The Accountant General
W.P(MD)No.5771 of 2018 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.5771 of 2018 and WMP(MD).No.5657 of 2018 S. Muthupetchi ... Petitioner Vs.
1. The Accountant General of Tamil Nadu, O/o. the Accountant General of Tamil Nadu, 361, Anna Salai, Teynampet, Chennai - 600 018. 2.The Commissioner of Corporation, Corporation of Madurai, Madurai - 625 002.
3.The Educational Officer, Madurai Corporation, Madurai - 625 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the petitioner's service book maintaining by the 2nd respondent, directing the 3rd respondent to regularize the petitioner's service falsely mentioned in the recommendation letter to the 1st respondent in Na.Ka.No.A1/007915/15, dated 14.10.2015 quash the same and consequently, direct the 2nd respondent to calculate the petitioner's date of retirement from her date of birth and direct the 2nd and 3rd respondents to add the petitioner's two years prior retirement salary in the petitioner's Service Book and direct the respondents to pay the regular time scale of pay with all attendant, monetary service benefits and terminal benefits and family pension to the petitioner.
For Petitioner : Mr.T. Selvam For R1 : Mr.P. Gunasekaran For R2 and R3 : Mr. R. Murali
ORDER
This Writ Petition has been filed to call for the records of the petitioner's service book maintained by the 2nd respondent, directing the 3rd respondent to regularize the petitioner's service falsely mentioned in the recommendation letter to the 1st respondent in Na.Ka.No.A1/007915/15, dated 14.10.2015 and quash the same and consequently, to direct the 2nd respondent to calculate the petitioner's date of retirement from her date of birth and direct the 2nd and 3rd respondents to add the petitioner's two years prior retirement salary in the petitioner's Service Book and direct the respondents to pay the regular Time Scale of Pay with all attendant, monetary service benefits and terminal benefits and family pension to her.
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W.P(MD)No.5771 of 2018 and
2. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the respondents 2 and 3 relying upon communication of the 3rd respondent, dated 28.01.2016, submitted that the first respondent has informed that the petitioner has not completed the qualifying service and therefore, the claim of the petitioner for granting pension to her was rejected, based on the proposal submitted by the 2nd respondent. He further submitted that the above said order has not been challenged by the petitioner and hence, the Writ Petition is not maintainable.
3. In view of the above fact that the Writ Petitioner has not challenged the aforesaid order dated 28.01.2016, passed by the 3rd respondent, this Court is not inclined to entertain this petition.
4. Accordingly, this Writ Petition is dismissed as not maintainable. It is open to petitioner to challenge the above said order, if so advised. No costs.
Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To
1. The Accountant General of Tamil Nadu, O/o. the Accountant General of Tamil Nadu, 361, Anna Salai, Teynampet, Chennai - 600 018. 2.The Commissioner of Corporation, Corporation of Madurai, Madurai - 625 002.
3.The Educational Officer, Madurai Corporation, Madurai - 625 002.
+1 CC to M/s.P.GUNASEKARAN, Advocate SR-78593. +1 CC to M/s.R.MURALI, Advocate SR-78738.
W.P(MD)No.5771 of 2018 and WMP(MD).No.5657 of 2018 30.07.2019 CS(01.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2