Madras High CourtWA(MD)/1837/2023dismissed as abated

A.Periyakaruppan v. The Secretary To Government

2024-09-04Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Periyakaruppan ... Appellant in both Appeals -vs1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

... Respondents in both Appeals COMMON PRAYER: Writ Appeals filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)Nos.18636 of 2013 and 3070 of 2020, dated 19.04.2022, i.e., modifying the punishment of compulsory retirement into stoppage of increment for a period of six months without cumulative effect and also quash the orders in G.O. (2D)No.159 Revenue (Ser -2)(I) Department, dated 06.04.2009 and G.O. (2D) No.364, Revenue (Ser-2)(1) Department, dated 17.08.2012 and consequently direct the respondents to sanction full pension and full DCRG to the appellant with arrears from the date of retirement with 7.5% interest as already decided, within a stipulated time frame.

For Appellant : Mr.S.Visvalingam (in both W.As) For Respondents : Mr.S.R.A.Ramachandran (in both W.As) Additional Government Pleader COMMON JUDGMENT [Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the respondents.

2.It is stated that the appellant in W.A.(MD)Nos.1837 and 1838 of 2023 is no more. The Writ Appeals arising out of punishment of compulsory retirement imposed on the appellant. Since now he is no more, nothing survives in the Writ Appeal.

3.The Writ Appeals are dismissed as having abated. If the deceased appellant is entitled to any benefits, the benefits will be disbursed by the respondents at the earliest. No Costs.

[R.S.M., J.] [L.V.G., J.] 04.09.2024 NCC :Yes/No Index :Yes/No Internet: Yes Mrn/Sml

To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn / Sml 04.09.2024