Madras High CourtWP(MD)/5955/2018dismissed as abated

E.Subbiah, v. The Principal Chief

2023-02-09Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI E.Subbiah ... Petitioner Vs.

1.The Principal Chief Commissioner of Central Excise, Chennai Zone, Cadre Controlling Authority, 26/1 Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Commissioner of Central GST and Central Excise, Central Revenue Buildings, No.4, Lal Bahadur Sastri Road, Bibikulam, Madurai - 625 002. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records passed by the second respondent herein in C.No.II39/31/2017-Vig/376 dated 24.10.2017 and quash the same and consequently direct the respondents herein to re-fix the pension of the petitioner by providing the first financial upgradation with effect from 1/3

09.09.1971, second financial upgradation with effect from 09.09.1983 by taking into account the petitioner's joining of service as 09.09.1959 and notionally fix the pay band of the petitioner as on 01.01.2016 and disburse the arrears of pension with 12% interest.

For Petitioner : M/s.M.Padmavathy For R-2 : No Appearance

ORDER

The learned counsel appearing for the petitioner would submit that during the pendency of this writ petition, the petitioner passed away and no legal heir has come forward to conduct the case.

2. In view of the same, this writ petition is dismissed as abated. No Costs.

09.02.2023 NCC:Yes/No Index: Yes/No pm 2/3

M.DHANDAPANI, J.

pm W.P.(MD)No.5955 of 2018 09.02.2023 3/3