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Madras High CourtWP(MD)/10463/2014dismissed as abated

E. Balachanran v. The Chairman And Managing

2021-12-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)Nos.10463 of 2014 and 10937 of 2013 and M.P.(MD)Nos.1 & 2 of 2014 and 2 & 3 of 2013 E.Balachandran ... Petitioner Vs.

1.The Chairman and Managing Director/Reviewing Authority, 763, Anna Salai, Chennai-600002.

2.The Executive Director/Appellate Authority, 763, Anna Salai, Chennai-600002.

3.The Deputy General Manager/Disciplinary Authority, 763, Anna Salai, Chennai-600002.

Regional Office, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in DO/DGM(SK)/DA/NON-VIG/SA/98/1542/2012-2013, dated 26.06.2012 on the file of the third respondent and its consequential order in DO:NON-VIG:GM (sk):DAF-SA98 4050:2012-13 dated 09.11.2012 on the file of the third respondent and its consequential order in DO/DGM (SK)/DA/NON-VIG/SA/98/1965/2012-13 dated 25.07.2012 on the file of the third respondent and its consequential order in DO/GM(SK)/ DA/NON-VIG/SA/98/265/2012-13 dated 10.09.2012 on the file of the third respondent and its consequential order in DO/NON-VIG:GM(SK): DA:F-SA-98:3064:2012-13 dated 30.09.2012 on the file of the third respondent and its consequential order in DO:NON-VIG:ED(AKB):AA:FSA-98:4647 2012-13 dated 12.12.2012 on the file of the second respondent and its consequential order in DO:NON-VIG:CMD:RA:F1/4

SA:98:6676:2012-13 dated 08.03.2012 on the file of the first respondent and quash the same as illegal and consequently direct the first to third respondents to restore the petitioner's pay with consequential benefits.

W.P.(MD)No.10937 of 2013 E.Balachandran ... Petitioner Vs.

1.The Government of India, Rep.by its Principle Secretary Ministry of Finance, Department of Finance Services, Parliament Street, New Delhi.

2.The Chairman and Managing Director, 763, Anna Salai, Chennai-600002 Tamil Nadu.

3.The General Manager, 763, Anna Salai, Chennai-600002 Tamil Nadu.

Regional Office, Nagerkovil, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Promotional scheme for Officers-2013 vide Ref.No:EST./53/20132014 dated 03.06.2013 on the file of the third respondent and consequential communication in RO/PAD/03/2013-2014 dated 04.07.2013 on the file of the fourth respondent and quash the same as illegal and consequently direct the second respondent to call the petitioner for Interview and promote the petitioner to the rank of SM Grade Scale IV with consequential benefits within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy (In both WPs.) For R4 in and R3 in W.P.(MD)No.10937 of 2013 : Mr.N.G.R.Prasad 2/4

COMMON ORDER It is submitted that the petitioner, Mr.E.Balachandran died. The respondent submitted that the wife of the deceased employee is receiving the pension and other terminal benefits from 30.06.2014. The wife of the deceased employee is not interested in prosecuting the case further.

2.The learned counsel for the petitioner submitted that since he is not able to contact the wife of the deceased, the case may be closed as abated with liberty, if the wife wants to prosecute further.

3.Recording the above said submissions, this writ petitions are dismissed as abated with liberty to the wife of the deceased petitioner to prosecute further, if she so advised. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) gns 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 Chairman and Managing Director/Reviewing Authority, 763, Anna Salai, Chennai-600002.

2.The Executive Director/Appellate Authority, 763, Anna Salai, Chennai-600002.

3.The Deputy General Manager/Disciplinary Authority, 763, Anna Salai, Chennai-600002.

Regional Office, Tirunelveli District.

3/4

5.The Principle Secretary, Government of India, Ministry of Finance, Department of Finance Services, Parliament Street, New Delhi.

6.The Chairman and Managing Director, 763, Anna Salai, Chennai-600002 Tamil Nadu.

7.The General Manager, 763, Anna Salai, Chennai-600002 Tamil Nadu.

+2 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-40420,SR-40421[F] dated 27/12/2021 ) W.P(MD)Nos.10463 of 2014 and 10937 of 2013 RD(7.01.2022) 4P 10C 4/4