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Madras High CourtWP(MD)/5977/2011dismissed

T. Archanadevi, v. The Joint Director Of

2018-03-02Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)Nos.5977 & 5978 of 2011 and M.P(MD)Nos. 2 & 2 of 2011 T.Archanadevi ... Petitioner in W.P(MD)No.5977 of 2011 R.Sureshkumar ... Petitioner in W.P(MD)No.5978 of 2011 Vs 1.The Joint Director of Agriculture, O/o.The Joint Director of Agriculture, Mela Kanmaikarai Street, Thallakulam, Madurai-625 002.

2.The Assistant Director of Agriculture, Madurai West, O/o.The Panchayat Union Complex, Racecourse Road, Chokkikulam, Madurai-625 002.

... Respondents in both writ petitions COMMON Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order in K2/Ka Mu A.5/2011 dated 25.03.2011 passed by the Respondent No.1 and quash the same as illegal and consequently directing the respondents to refund the entire amount deducted from the petitioner's salary as rent since April 2011. For Petitioners : T.Lajapathi Roy For Respondents : Mr.R.Sethuraman, Special Government Pleader

ORDER

Heard, Mr.T.Lajapathi Roy, learned counsel appearing for the petitioners and Mr.R.Sethuraman, learned Special Government Pleader, appearing on behalf of the respondents.

2. The writ petitioners were allotted with an Official quarters in view of the fact the petitioners are holding the post of Assistant Agricultural Officer. The learned counsel for the https://hcservices.ecourts.gov.in/hcservices/

petitioner states that the Joint Director of Agriculture, Madurai, has passed an order stating that if the Government accommodation is not in a livable condition then, the deduction of House Rent Allowances shall be stopped temporarily to the staff working in the particular post.

3. In respect of the present writ petitions, the benefit of the order of the Commissioner of Agriculture dated 31.01.2012, has been extended to the writ petitioners by the Joint Director of Agriculture, Madurai, vide proceeding dated 16.06.2012. This being the factum, no further adjudication is required in these writ petition. If any amount of House Rent Allowance was deducted, the same is directed to be reimbursed in accordance with the instructions given by the Commissioner of Agriculture.

4. Accordingly, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are dismissed. Sd/ Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Joint Director of Agriculture, O/o.The Joint Director of Agriculture, Mela Kanmaikarai Street, Thallakulam, Madurai-625 002.

2.The Assistant Director of Agriculture, Madurai West, O/o.The Panchayat Union Complex, Racecourse Road, Chokkikulam, Madurai-625 002.

+1cc to Mr.T.Lajapathi Roy, Advocate, SR.No.52756 +1cc to M/s.Special Government Pleader,SR.No. 53001 W.P(MD)Nos.5977 & 5978 of 2011 02.03.2018 am KK/JC/19.03.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/