Madras High CourtWP(MD)/11682/2020withdrawn dismissed

S.Shanmugasundari v. The Principal Accountant General (A And E)

2023-03-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.S.Shanmugasundari 2.S.Karthikeyan 3.S.Ganesan ... Petitioners Vs 1.The Principal Accountant General (A&E), Accountant General Office, 361, Anna Salai, Chennai - 600 018.

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli - 9.

3.The District Educational Officer, Cheranmahadevi, Office at Tirunelveli - 627 001.

4.The Correspondent, Theerthapathi Higher Secondary School, Ambasamudram & Post, Tirunelveli District.

5.Muthulakshmi 6.Ponnammal ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the Lok Adalt order/Sub Court, Ambasamudram order dated 28.6.2012 insofar as it allowed 100 percent family pension to the first wife fifth respondent is concerned is illegal and not binding as it is against the Tamil Nadu Pension Rule 45(2) and GO No.602 Finance (pension) Department dated 13.09.1996 and G.O.327 Finance (pension) dated 30.08.2001 and consequently to direct the respondents 1 to 4 to pay 50 percent family pension to the petitioners 2 and 3 as per the Tamil nadu Pension Rule 45(2) and G.ONo.602 Finance (Pension) Department dated 13.09.1996 and G.O.327 Finance (Pension) dated 30.08.2001. For Petitioners : Mr.K.Sathyasingh for P.Senthur Pandian For Respondents : Mr.K.Gunasekaran for R.1 Mr.N.Satheeskumar Additional Government Pleader for R.2 & R.3 Mr.R.Saravanan for R.5 No Appearance for R.4 & R.6

ORDER

The learned counsel for the petitioner seeks permission to withdraw this petition. He also made an endorsement to this effect. 2/4

2. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs.

09.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Principal Accountant General (A&E), Accountant General Office, 361, Anna Salai, Chennai - 600 018.

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli - 9.

3.The District Educational Officer, Cheranmahadevi, Office at Tirunelveli - 627 001.

3/4

G.R.SWAMINATHAN, J.

MGA 09.03.2023 4/4