The Madras High Court dismissed the Writ Appeal as abated, holding that the sole appellant had died and legal heirs were not brought on record to prosecute the case.
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W.A(MD)No.224 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.224 of 2011 Daniel Jayasingh Masilamani ... Appellant/Petitioner Vs. 1.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli – 627 006. 2.The Assistant Elementary Educational Officer, Palayamkottai (Urban), Perumalpuram, Tirunelveli – 627 007. 3.The Treasury Officer, District Treasury Office, Tirunelveli – 627 009. 4.Senior Accounts Officer, Principal Accounts General (A & E) Office, Anna Salai, Chennai – 600 018. ... Respondents/Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order, dated 24.11.2010 made in W.P(MD)No.6093 of 2006 on the file of this Court.
Prayer in WP(MD). 6093/ 2006 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Rc.No. 10/49/AA5/2005 dated /12/2005/5.1.2006 passed by the 1st respondent and to quash the same and direct the respondents to fix the pension, by treating the petitioner as one entitled to the benefits under G.O.Ms.No. 200 Finance (pay cell) Department dated 18/05/1999 with all the arrears within the time frame as may be fixed by this Honourable court.
For Appellant : Ms.P.Jessi Jeeva Priya For Respondents : Mrs.S.Srimathy for 1 to 3 Special Government Pleader For Respondent 4 : Mr.P.Gunasekaran
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W.A(MD)No.224 of 2011
JUDGMENT (Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.)
The learned counsel appearing for the appellant would submit that the sole appellant died and the legal heirs are not brought on record to prosecute the case further. Hence, the learned counsel requested this Court to dismiss the appeal as abated. Accordingly, the Writ Appeal is dismissed as abated. No costs.
PS
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To
1.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli – 627 006.
2.The Assistant Elementary Educational Officer, Palayamkottai (Urban), Perumalpuram, Tirunelveli – 627 007.
3.The Treasury Officer, District Treasury Office, Tirunelveli – 627 009.
4.The Senior Accounts Officer, Principal Accounts General (A & E) Office, Anna Salai, Chennai – 600 018.
Order made in W.A(MD)No.224 of 2011 03.03.2021
SRK(CO)
SRS (15/03/2021) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/
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Daniel Jayasingh Masilamani
The District Elementary Educational Officer
The Assistant Elementary Educational Officer
The Treasury Officer
The Senior Accounts Officer
PUSHPA SATHYANARAYANA
S. KANNAMMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
