Petitioner challenged a seniority restoration order. The Court noted the petitioner had died and held that nothing survives for adjudication, closing the writ petition without costs.
The writ petition was closed as no matter survives for adjudication due to the petitioner's death.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Writ Petition (MD) No.1555 of 2014 and M.P(MD)No.2 of 2014 V.Subramanian ... Petitioner
Vs.
1.The Principal District Judge,
District Court, Madurai 20.
2.B.Kannan,
Head Clerk,
Special Sub Court for MCOP cases, District Court Buildings, Madurai 20. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records issued in the first Respondent proceedings in the reference order in A.No. 268/2013 dated 03.12.2013 and order in A.No.1/2014 dated 03.01.2014 and quash the same and direct the 1st respondent to place the 2nd Respondent below the employees already promoted prior to the expiry of the punishment on 30.03.2012 granting such other and further relief as this Court.
For Petitioner : Mr.V.Karuppiah For 1st Respondent : Mr.N.Tamilmani For 2nd Respondent : Mr.A.Hariharan
ORDER
(Order of the Court was made by T.S.SIVAGNANAM,J )
The petitioner has filed this writ petition challenging the order passed by the first respondent dated 03.01.2014, in and by which, the seniority of the second respondent was restored as https://hcservices.ecourts.gov.in/hcservices/ the second respondent has already undergone the period of punishment. However, the check off period, that is the period
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after the period of punishment cannot be reckoned as a bar for considering the case for promotion. Furthermore, it is submitted that the petitioner died. Hence, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is closed. No costs. Consequently, M.P(MD)No.2 of 2014 is closed.
Sd/Assistant Registrar /True Copy/
Sub Assistant Registrar
To
The Principal District Judge, District Court, Madurai 20.
+1cc to Mr.A.HARIHARAN Advocate in SR. No.53741
SMS
JS/RSK/3.05.2017/2P-3C
Writ Petition (MD) No.1555 of 2014 and M.P(MD)No.2 of 2014 24.04.2017
2 issues framed by the court
Whether a writ petition can be adjudicated upon when the petitioner has died.
Whether the seniority restoration order survives for adjudication after the petitioner's death.
V.Subramanian
The Principal District Judge, District Court, Madurai
B.Kannan
T.S.Sivagnanam
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court