Madras High CourtWP(MD)/21339/2014dismissed as abated

J. Hepsi, v. Secretary To Govt.,

2022-01-20Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD)No.21339 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.21339 of 2014 J.Hepzi ... Petitioner vs.

1.Secretary to Government, Finance (Pension) Department, Government of Tamilnadu, Fort St.George, Chennai.

2 .Secretary to Government, School Education Department, Government of Tamilnadu, Fort St.George, Chennai.

3.The Director of School Education, Chennai.

4.The District Educational Officer, Tuticorin district, Tuticorin.

5.The Manager and Correspondent, Kamaliya Middle School, Sattankulam.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Government Order in G.O. No. 363 dated 23.08.2013, issued by the 1st Respondent and to quash the same in so far as it denies the benefits to the persons who are not alive on 23.08.2013 and consequently to direct the respondents to re-fix the petitioner's family pension giving the benefits of Impugned Government Order and relies all the monetary benefits including the arrears within the period determined by this Court. For Petitioner : Mr.G.Mohan Kumar For R1 to R4 : Mr.R.Ragavendran Government Advocate (Civil side) For R5 : No appearance *****

O R D E R

This Writ is filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Government Order in G.O. No. 363 dated 23.08.2013, issued by the 1st Respondent and to quash the same in so far as it denies the benefits https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.21339 of 2014 to the persons who are not alive on 23.08.2013 and consequently to direct the respondents to re-fix the petitioner's family pension giving the benefits of Impugned Government Order and relies all the monetary benefits including the arrears within the period determined by this Court.

2.When the Writ Petition was taken up for hearing, it was submitted by the learned Counsel appearing for the petitioner that the petitioner died and as on date, the petitioner's legal heirs are not interested in prosecuting the case.

3.Therefore, this Writ Petition is dismissed as abated with the liberty to the legal heirs that in future, if they are interested in prosecuting, they can prosecute the case. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Tmg 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.Secretary to Government, Finance (Pension) Department, Government of Tamilnadu, Fort St.George, Chennai.

2 .Secretary to Government, School Education Department, Government of Tamilnadu, Fort St.George, Chennai.

3.The Director of School Education, Chennai.

4.The District Educational Officer, Tuticorin district, Tuticorin.

+1 CC to M/s.SPL.GP ( SR-2029[F] dated 21/01/2022 ) W.P.(MD)No.21339 of 2014 20.01.2022 RD(07.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2