E.Subbiah vs. The Principal Chief
Facts
The petitioner, E. Subbiah, filed a writ petition seeking a writ of certiorarified mandamus. He challenged an order dated 24.10.2017 passed by the second respondent, the Commissioner of Central GST and Central Excise, Madurai. The petitioner sought to quash this order and consequently direct the respondents to re-fix his pension. This re-fixation was to include the first financial upgradation from 09.09.1971 and the second financial upgradation from 09.09.1983, based on his joining service date of 09.09.1959. He also sought notional fixation of his pay band as of 01.01.2016 and disbursement of pension arrears with 12% interest. The respondents were the Principal Chief Commissioner of Central Excise and the Commissioner of Central GST and Central Excise.
Held
The Court noted that during the pendency of the writ petition, the petitioner passed away. Since no legal heir had come forward to continue the case, the writ petition was dismissed as abated. No costs were awarded. The Court did not decide on the merits of the petitioner's claim regarding pension re-fixation, financial upgradations, notional pay fixation, or arrears of pension with interest. The operative direction was solely based on the abatement of the proceedings due to the petitioner's demise.
Key Issues
1. Whether the petitioner is entitled to a re-fixation of his pension based on financial upgradations as per his service record, and if so, what is the correct notional pay fixation as of 01.01.2016 and the consequential arrears of pension with interest? (Mixed question of law and fact, concerning pensionary benefits and pay fixation rules). The petitioner argued for the re-fixation of his pension, including financial upgradations and notional pay fixation, with arrears and interest. The revenue or State did not present any arguments as there was 'No Appearance' recorded for the second respondent.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI E.Subbiah ... Petitioner Vs. 1.The Principal Chief Commissioner of Central Excise, Chennai Zone, Cadre Controlling Authority, 26/1 Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034. 2.The Commissioner of Central GST and Central Excise, Central Revenue Buildings, No.4, Lal Bahadur Sastri Road, Bibikulam, Madurai – 625 002. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records passed by the second respondent herein in C.No.II39/31/2017-Vig/376 dated 24.10.2017 and quash the same and consequently direct the respondents herein to re-fix the pension of the petitioner by providing the first financial upgradation with effect from 1/3 https://www.mhc.tn.gov.in/judis
1971, second financial upgradation with effect from 09.09.1983 by taking
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