Writ petition seeking re-fixation of pension by including a period as qualifying service was dismissed as abated because the petitioner had passed away and no steps were taken to substitute his legal heirs.
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W.P.(MD).No.23946 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2025
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD).No.23946 of 2017
S. M.V. Manohar, S/o S.M. Velayutham, 18-13-1, Gurunathan Chettiar Street, Madurai main road, Usilampatti post, Madurai District - 625 532. ... Petitioner
Vs.
2.The Accountant General, Anna salai,Chennai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or Order or Direction particularly a Writ of Certiorarified Mandamus to call for the records passed by the first respondent herein Proc.R.No.41845/VA2/2009 dated 21.02.2017 quash the same and and conquently direct the second respondent herein to re-fix the pension by including the period from 12.08.2009 to 31.10.2011 also as net qualifying service while re-fixing the pension with all consequential, service and monetary benefits including the arrears of pension and pass such further or other orders as this Hon'ble Court deems fit and proper in the circumstances of the case and thus render justice.
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W.P.(MD).No.23946 of 2017
APPEARANCE OF PARTIES:
For petitioner : M/s.M.Padmavathy, Advocate
for Mr.L.Shaji Chellan, Advocate
For Respondents : Mr.J.Ashok Additional Government Pleader for R1
: Mr.P.Gunasekaran, ACGSC, for R2
JUDGMENT
When the matter was taken up for hearing on 01.08.2025, the learned counsel for the petitioner submitted that the petitioner had passed away and his wife also pre-deceased him and sought time to communicate with the existing Legal Representative of the petitioner. Hence, the matter is to be listed on 08.08.2025 “for taking steps”.
Today (ie.08.08.2025), when the matter is taken up for hearing, the learned counsel for the petitioner submitted that she was not able to communicate with the legal representative of the petitioner. Since the petitioner has passed away and no steps were taken till date to substitute his legal heirs of the petitioner, this Writ Petition is dismissed as abated. There shall be no order as to costs.
08.08.2025
Neutral Case Citation: Yes/No Internet: Yes/No LS
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W.P.(MD).No.23946 of 2017
Copy to :
2.The Accountant General, Anna salai, Chennai.
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W.P.(MD).No.23946 of 2017
DR.A.D.MARIA CLETE,J.
LS
Judgment made in W.P.(MD).No.23946 of 2017
08.08.2025
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1 provisions across 1 enactments
S.M.V. Manohar
The Transport Commissioner, Chepauk, Chennai
The Accountant General, Anna Salai, Chennai
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
