A writ petition challenging the constitutionality of tax deduction from salary arrears allocated for pension corpus was heard. The petitioner was unrepresented; the petition was dismissed for non-prosecution, and connected miscellaneous petitions were also dismissed.
Writ Petition and connected Miscellaneous Petition dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
lIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.09.2019 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.8363 of 2011 & M.P.No.1 of 2011
All India Bank Officers Association rep. By its General Secretary Shri.R.J.Sridharan
...Petitioner
Vs
rep. By its Secretary, Ministry of Finance, New Delhi – 110 001.
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration or any other Writ, order or direction of like nature in the circumstances of the case to the second respondent declaring that deduction of tax from out of that portion of the salary arrears which is appropriated for its transfer to pension corpus set up in terms of Regulations 5
to 7 of Pension Regulations is illegal and unconstitutional.
For Petitioner : No appearance
For Respondents : Mrs.Hema Muralikrishnan
Standing Counsel for R1 & R2 Mr.T.S.Akash for M/s.T.S.Gopalan & Co. - R3 No appearance – R4 and R5
O R D E R
This Writ Petition was listed for hearing on 13.09.2019 when
the petitioner was called absent. It was thus directed to be
listed today under the caption 'for dismissal'. Even today, the
petitioner is unrepresented. Hence, the Writ Petition is
dismissed for non-prosecution. No costs. Consequently,
connected Miscellaneous Petition is also dismissed.
Sd/-
Asst.Registrar (CS V )
/true copy/
Sub Asst. Registrar
sl
To
1. The Secretary
Union of India
Ministry of Finance,
New Delhi – 110 001.
2. The Secretary
Central Board of Direct Taxes,
Government of India,
Ministry of Finance,
Department of Revenue,
New Delhi.
1 provisions across 1 enactments
All India Bank Officers Association
Union of India
Central Board of Direct Taxes
Union Bank of India
United Bank of India
State Bank of Patiala
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
