G.Ethiraj vs The Government Of Tamilnadu
2022 Latest Caselaw 9925 Mad

                                                                              WP.No.8039/2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 13.06.2022

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE R. SURESH KUMAR

                                  WP.No.8039/2018 & WMP.Nos.10014 & 10015/2018

                     G.Ethiraj                                                ..     Petitioner

                                                      Versus

                     1.The Government of Tamilnadu
                       represented by its Additional
                       Chief Secretary, Finance [Pay Cell]
                       Department, Fort St George,
                       Chennai 600 009.

                     2.The Greater Chennai Corporation
                       rep.by its Commissioner
                       Rippon Buildings, Chennai-3.                            .. Respondents

                     Prayer:-     Petition filed under Article 226 of the Constitution of India
                     praying for issuance of a writ of certiorarified mandamus calling for the
                     records on the file of the 1st respondent relating to the issue of the
                     impugned G.O., viz., G.O.Ms.No.328, Finance [Pay Cell] Department
                     dated 31.10.2017 and quash the same and consequently to direct the
                     respondents to fix the petitioner's pay in the pay structure in the Tamil
                     Nadu Revised Pay Rules 2017 at appropriate level in the Pay matrix
                     therein corresponding to the pay scales as ordered by the Government
                     in G.O.Ms.No.335 Finance [Pay Cell] Department dated 26.08.2010
                     which the petitioner is entitled to draw pursuance to the judgment of
                     this Court dated 27.02.2014 passed in WA.No.810 of 2012 and batch
                     cases.




https://www.mhc.tn.gov.in/judis
                                                         1
                                                                                 WP.No.8039/2018


                                          For Petitioner         : Mr.N.Subramaniyan

                                          For Respondents      : Mr.R.V.Dinesh Rajkumar
                                                                 Additional Government Pleader
                                                           ORDER

(1)The prayer sought for in this writ petition is to quash G.O.Ms.No.328,

Finance [Pay Cell] Department dated 31.10.2017 and to direct the

respondents to fix the petitioner's pay in the pay structure in the

Tamil Nadu Revised Pay Rules 2017 at appropriate level in the Pay

matrix therein corresponding to the pay scales as ordered by the

Government in G.O.Ms.No.335 Finance [Pay Cell] Department dated

26.08.2010 which the petitioner is entitled to draw pursuance to the

judgment of this Court dated 27.02.2014 passed in WA.No.810 of

2012 and batch cases.

(2)So, such a prayer is sought for in this writ petition.

(3)When the case is taken up for final hearing today, the learned

counsel for the petitioner would submit that the petitioner expired

suddenly on 16.03.2021. In view of the said facts, the writ petition

can be disposed of by recording the demise of the petitioner by

protecting the interest of the legal heirs of the petitioner to agitate

the issue if it is advised to do so as per the Extent Service Rules.

https://www.mhc.tn.gov.in/judis

WP.No.8039/2018

(4)Recording the said submission of the learned counsel for the

petitioner and by hearing the learned Special Government Pleader

appearing for the respondents, this writ petition is dismissed

recording the demise of the petitioner as it is abated, of course, by

protecting the interest as well as the right of the legal heirs of the

deceased employee/petitioner in the manner known to law. No

costs. Consequently, connected miscellaneous petitions are closed.

                                                                                   13.06.2022

                     AP
                     Internet      : Yes

                     To

1.The Additional Chief Secretary, Government of Tamilnadu, Finance [Pay Cell] Department, Fort St George, Chennai 600 009.

2.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai-3.

https://www.mhc.tn.gov.in/judis

WP.No.8039/2018

R.SURESH KUMAR, J.,

AP

WP.No.8039/2018

13.06.2022

https://www.mhc.tn.gov.in/judis