The High Court of Madras, in this writ petition concerning notional promotion and pension, dismissed the matter abated without costs as the petitioner died during the pendency of the petition without further instructions from her legal heirs.
No relief granted; writ petition dismissed as abated without orders on costs.
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.
W.P.No.15334 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.15334 of 2012
Vijayalakshmi Uthirapathy
.. Petitioner
Vs.
1.State of Tamil Nadu, Represented by its Secretary to Government, Health Department, Fort St. George, Chennai-600 009.
2.The Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009.
3.The Deputy Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009.
4.The Accountant General, Office of the Principal Accountant General (A&E), Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai-600 018. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus to call for the records
from the files of the 2nd respondent and 3rd respondent pertaining to the
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W.P.No.15334 of 2012
impugned order of the 2nd respondent dated 16.11.2009 Letter No. 23221/AA2/2009-4 and the order of the 3rd respondent dated 10.12.2010 Letter No. 39847/AA2/2010-1, quash the same and consequently to direct the 2nd and 3rd respondents to promote the petitioner notionally as Nursing Superintendent Grade I, with effect from 1.7.1999 and thereby direct the 4th respondent to compute the pension of the petitioner based on the notional promotion.
For Petitioner : Mr.D.Muthukumar For Respondents : Mr.K.Tippusultan, Govt. Advocate
O R D E R
Learned counsel for the petitioner submits that the petitioner
passed away while the writ petition was pending. He also submits that he is unable to obtain any further instructions from the legal heirs of the deceased petitioner. In these circumstances, the writ petition is dismissed as abated without any order as to costs.
19.12.2024
Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No
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W.P.No.15334 of 2012
1.State of Tamil Nadu, Represented by its Secretary to Government, Health Department, Fort St. George, Chennai-600 009.
4.The Accountant General, Office of the Principal Accountant General (A&E), Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai-600 018.
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W.P.No.15334 of 2012
SENTHILKUMAR RAMAMOORTHY,J.
Kj
W.P.No.15334 of 2012
19.12.2024
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1 issue framed by the court
Whether to decide the merits of the writ petition regarding notional promotion and pension computation having passed away while the petition was pending.
1 provisions across 1 enactments
Vijayalakshmi Uthirapathy
State of Tamil Nadu, Represented by its Secretary to Government, Health Department
The Principal Secretary to Government, Health and Family Welfare Department
The Deputy Secretary to Government, Health and Family Welfare Department
The Accountant General, Office of the Principal Accountant General (A&E), Tamil Nadu
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
