(Judgment of the Court was delivered by RMT. TEEKAA RAMAN,J.,) The respondent herein has filed the above writ petition in W.P.No.11564 of 2012 seeking to issue a writ of certiorari to call for the entire records in connection with the impugned order passed by the first appellant herein/Principal Secretary to Government in G.O.(2D) No.71, Revenue [Ser 2(1)] Department, dated 06.03.2012 as communicated by the District Registrar, Cheyyar, to the respondent herein on 02.04.2012 and quash the said proceedings.
2. It appears that the respondent herein/writ petitioner was compulsorily retired from service by the impugned order and the compulsory retirement was challenged in the above said writ petition. The learned Single Judge of this Court, by an order dated 07.11.2012 in M.P.No.1 of 2012, passed an interim order directing the appellants herein to settle the terminal benefits that are payable to the respondent herein/writ petitioner on compulsory retirement as per the impugned order, if the same are not already paid, within a period of four weeks from the date of receipt of copy of that order. However, since the criminal case initiated against the respondent herein/writ petitioner is now pending before the learned Chief Judicial Magistrate-cum-Special Judge, Chengalpattu in Spl.Case No.9 of 2005, the Government has not settled the amount as directed by the learned Single Judge and as against the said interim order, the Government has came up with the above writ appeal.
3. However, during the pendency of the writ appeal, the Government has passed G.O.(2D) No.252, Revenue [Ser 2(3)] Department, dated 11.08.2016, wherein, it is stated that the Government have subsequently examined the case under Rule 39 of the Tamil Nadu Pension Rules, 1978 and have decided to grant Compulsory Retirement Pension of Rs.4,650/- as against the pension of Rs.6,975/- as penalty consequent on the Compulsory Retirement imposed against the writ petitioner and ordered accordingly, subject to outcome of the Writ Appeal filed by the Inspector General of Registration, Chennai - 28 in the High Court of Madras against the orders passed in W.P.No.11564 of 2012.
4. Since the main writ petition challenging the compulsory retirement is pending before the learned Single Judge, accordingly the factum of payment of pension as per the Tamil Nadu Pension Rules in respect of compulsory retirement, we recorded the same and dispose of the writ appeal with a request to the learned Single Judge to take up the writ petition and dispose of it at the earliest. The parties are required to make a mention before the learned Single Judge to take up the writ petition at the earliest.
5. With the above observations, the Writ Appeal is disposed of. No costs. The connected miscellaneous petition is closed.