The Madurai Bench of the Madras High Court closed the writ petition without further adjudication after accepting that the recovery order against the petitioner had already been cancelled, reiterating that no further adjudication was needed in the matter.
Writ petition stands closed; connected miscellaneous petitions closed. No orders as to costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P(MD)No.6869 of 2011 and MP(MD)Nos.1 of 2011 and 1 of 2013
T.Aiyappan Pillai ... Petitioner
Vs.
1.The Deputy Director of Health Service, Nagercoil, Kanyakumari District.
3.The Accountant General (A&E), Chennai – 600 018. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records, relating to the order passed by the 1st respondent R.No.12381/B1/2009 dated 20.05.2011 and quash the same.
For Petitioner : Mr.P.Thirumahilmaran For Respondents 1 & 2 : Mr.Muthu, Additional Government Pleader For Respondent 3 : Mr.P.Gunasekaran
ORDER
The learned Additional Government Pleader made submissions that the order of recovery issued against the writ petitioner had already been cancelled and the details are provided in paragraph No.4 of the Counter affidavit filed by the first respondent, which reads as under:-
“4.It is respectfully submitted that the Hon'ble Court of Madurai Bench of Madras High Court has passed the orders on 24.11.2010 and ordered that a fresh order has to be issued to the petitioner on merits and in accordance with law. Based on the orders of the Hon'ble Court, the petitioner was awarded the post of Selection Grade Block Health Supervisor https://hcservices.ecourts.gov.in/hcservices/ w.e.f04.11.1998, as per G.O.Ms.No.254 H & F W Dept. dated 18.07.2007. Resulting this refixation of pay the recovery of
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excess amount from 04.11.1998 has been cancelled. But, the second increment w.e.f 01.10.2001 in the promotional Post of Technical Gazetted Personnel Assistant was not allowed. Since he has not passed the Account Test for Executive Officers till his retirement”.
2.Thus, no further adjudication needs to be undertaken in this writ petition. Accordingly, the writ petition stands closed. However, there shall be no orders as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CO)
/True Copy/
Sub Assistant Registrar
dsk To
1.The Deputy Director of Health Service, Nagercoil, Kanyakumari District.
2.The Director of Public Health and Preventive Medicines, Chennai – 600 006.
3.The Accountant General (A&E), Chennai – 600 018.
+1cc to Mr.P.Thirumahilmaran, Advocate in SR.No. 45770 +1cc to Mr.P.Gunasekaran,Advocate in SR.No.45879
+1cc to Spl.Government, Advocate Sr.No.46540
GJM/SKN/RSK/SAR-I-23.02.2018 -2p-7c
W.P(MD)No.6869 of 2011 02.02.2018
T.Aiyappan Pillai
The Deputy Director of Health Service, Nagercoil, Kanyakumari District
The Director of Public Health and Preventive Medicines, Chennai
The Accountant General (A&E), Chennai
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
