M.Kalimuthu v. The Govt. Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.3929 of 2016 M.Kalimuthu ... Petitioner vs.

1.The Government of Tamilnadu, represented by its Secretary, Forest and Environment Department, Secretariat, Chennai-600 009.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai.

3.The Forest Range Officer, Social Forest Range, Puliankudi, Tirunelveli District.

4.The Forest Extension Officer, Forest Extension Centre, 1/6

Tirunelveli Division, Ponnakudi, Tirunelveli.

5.The Commissioner, Government Data Centre, Chennai-600 025.

... Respondents (Cause title amended, vide Court order, dated 13.04.2016, in W.M.P.(MD)No.

5293 of 2016) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records on the files of the 5th respondent pertaining to its order Na.Ka.No.3214/Cha/2015, dated 17.04.2015, and to quash the same and consequently, to direct the respondents to refund the amount deducted from the petitioner's salary under the Contributory Pension Scheme.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.A.Sivanupandian Government Advocate *****

O R D E R

This writ petition is filed for issuance of a writ of Certiorarified Mandamus, to quash the order, dated 17.04.2015 and consequently, to direct the respondents 2/6

to refund the amount deducted from the petitioner's salary under the Contributory Pension Scheme.

2. In the impugned order, the respondents have stated that the petitioner is not entitled to Contributory Pension Scheme System, since the Government has not taken any policy decision to disburse any amount under Contributory Pension Scheme. However, pending this writ petition, the Government has taken a policy decision to bring the petitioner and similarly placed persons under the Contributory Pension Scheme System.

3. The prayer of the petitioner was already granted and the respondents have settled the amount itself on 04.03.2019. The respondents have instructed the learned Government Pleader wherein it is stated as under: "2. The prayer of the petitioner was already settled on 04.03.2019 based on CPS annual account statement for 2018-19 vide ref No.5 cited.

3. The CPS account as prayed by the petitioner has been credited to his Saving Bank account No.32253626077 of SBI, Sivagri branch on 3/6

04.03.2019 for Rs.23913/- Rs (Twenty three thousand and nine hundred and thirteen) only, ie CPS contribution Rs.14144/- with interest Rs.9769/- totally Rs.23913/- vide ref no. 6.

Since the prayer of the petitioner has settled already, no further action is required in this regard and hence I request to issue suitable instructions to close this case early."

Since the prayer in the writ petition was already granted, nothing survives for adjudication.

4. Hence, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 15.02.2023 Internet : Yes NCC : Yes / No Tmg 4/6

To 1.The Secretary, Government of Tamilnadu, Forest and Environment Department, Secretariat, Chennai-600 009.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai.

3.The Forest Range Officer, Social Forest Range, Puliankudi, Tirunelveli District.

4.The Forest Extension Officer, Forest Extension Centre, Tirunelveli Division, Ponnakudi, Tirunelveli.

5.The Commissioner, Government Data Centre, Chennai-600 025.

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S.SRIMATHY, J Tmg 15.02.2023 6/6