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Madras High CourtWP(MD)/26864/2019closed

Maria Benadict v. The Principal Accountant General(A And E)

2020-02-28Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.26864 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.26864 of 2019 and W.M.P.(MD).No.23204 of 2019 Maria Benadict ... Petitioner Vs.

1.The Principal Accountant General (A&E), Tamil Nadu, 361, Anna Salai, Chennai-18.

2.The Principal Commissioner & Commissioner of Commercial taxes, Chepauk, Chennai - 5.

3.The Deputy Commissioner of Commercial Taxes, Palayamkottai, Tirunelveli District.

4.The Commercial Tax Officer, Sankarankovil, Tirunelveli District.

... 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 of the first respondent relating to his proceedings No.E51/15100951/1/PPO No.R.5100951/CP dated 13.09.2019 and quash the same and direct the respondents to provide pensionary benefits to the petitioner from the date of his Superannuation (ie., 31.03.2010) taking into account the 50% of the entire period of his service from 15.06.1980 with all amount in arrears.

For Petitioner : Mr.V.Kannan For Respondent No.1 : Mr.P.Gunasekaran For Respondent Nos.2 to 4 : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

The grievance of the petitioner is that his pension should have been calculated from the date of retirement, namely, from 01.04.2010 onwards and in the Pension Payment Order, his pension has been calculated from 10.05.2018 onwards, which is incorrect. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26864 of 2019

2. Today, it is submitted by the learned Special Government Pleader that pending writ petition, the respondents herein have rectified the petitioner's pension records to the effect that the pension should be calculated from 01.04.2010 instead of 10.05.2018. As such, the petitioner's grievance has been met.

3. It is needless to point out that in view of the present revision of the date of entitlement of the pension, the petitioner would be entitled for all monetary pensionary benefits w.e.f., 01.04.2010 onwards.

4. With this observation, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (writs) // True Copy // / /2020 Sub Assistant Registrar(CS ) PJL To 1.The Principal Accountant General (A&E), Tamil Nadu, 361, Anna Salai, Chennai-18.

2.The Principal Commissioner & Commissioner of Commercial taxes, Chepauk, Chennai - 5.

3.The Deputy Commissioner of Commercial Taxes, Palayamkottai, Tirunelveli District.

4.The Commercial Tax Officer, Sankarankovil, Tirunelveli District.

+1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-9207[F] dated 28/02/2020 ) +1 CC to Mr.V.KANNAN, Advocate ( SR-9399[F] dated 28/02/2020 ) W.P.(MD) No.26864 of 2019 28.02.2020 MK (16.03.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2