C.Dhanapakkiam v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.27484 of 2024 and W.M.P.(MD).Nos.23307 & 23309 of 2024 C.Dhanapakkiam ... Petitioner -vs1.The Secretary to Government, Government of Tamilnadu, School Education Department, Fort St. George, Chennai-9.
2. The Director of Elementary Education, DPI Campus, Chennai.
3. The District Elementary Education Officer, Theni,
4. The Block Educational Officer, Aundipatti, Theni District-625 512.
5. The Accountant General (A&E) Officer, No.361, Anna Salai, Chennai-600 018.
1/6
6. The Headmaster, Jothi Vidya Salai Primary School, Pitchampatti, Aundipatti Taluk, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the fourth respondent In Na.Ka.No.A3/881/2024 (undated) June, 2024 and quash the same in so far as recovery of Rs.8,80,869/- from the gratuity retiral benefits of the petitioner's husband in the light of the Judgment of the Hon'ble Supreme Court in AIR 2015 SC 696 in state of punjab and others vs Rafiq Mash (white washer case) and in terms of G.O.Ms.No.286, dated 28.08.2018.
For Petitioner : Mr.S.Govindan for Mr.M.Pounraj For Respondent Nos.1 to 4 : Mr.N.Satheesh Kumar Additional Government Pleader For Respondent No.5 : Mr.P.Gunasekaran 2/6
O R D E R
The instant writ petition has been filed by the wife of a deceased employee, challenging the undated order of the fourth respondent herein issued in the month of June 2024.
2. A perusal of the said order reveals that the fourth respondent has addressed a communication to the fifth respondent, wherein an order of recovery has been intimated.
3. On instructions, the learned Additional Government Pleader appearing for the fourth respondent submits that the present impugned order has not been passed by the fourth respondent herein and the impugned order reveals that it has not been signed and there is no seal of the office. It is further contended that since no such impugned order has been passed, the petitioner is not entitled to enjoy the interim orders passed by this Court. 3/6
4. In view of the contentions of the learned Additional Government Pleader that the orders impugned in this writ petition have not been passed by the fourth respondent herein, no further adjudication is called for and there is no cause of action for the writ petitioner to file this writ petition.
5. In view of the above said facts, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 12.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6
To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai-9.
2. The Director of Elementary Education, DPI Campus, Chennai.
3. The District Elementary Education Officer, Theni,
4. The Block Educational Officer, Aundipatti, Theni District-625 512.
5. The Accountant General (A&E) Officer, No.361, Anna Salai, Chennai-600 018.
6. The Headmaster, Jothi Vidya Salai Primary School, Pitchampatti, Aundipatti Taluk,Theni District.
5/6
R.VIJAYAKUMAR,J.
gvn W.P(MD)No.27484 of 2024 12.12.2024 6/6