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2006 Supreme(Mad) 2950

ELIPE DHARMA RAO, A.KULASEKARAN
Justice P. Venugopal – Appellant
Versus
State of Tamilnadu rep. by the Chief Secretary Fort St. George – Respondent


Appearing Advocates:For the Petitioner:M.N. Padmanabhan, Sr. Counsel, for Mr. M. Noor Ahmed Khan, Advocates. For the Respondent:P.S. Raman Additional Advocate General asst. by E. Subramani Addl. Government Pleader.

Judgment :-

(Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records of the respondent in Letter No.3081/Special B/2003-7 dated 29.06.2005 and quash the order dated 29.06.2005.)

A. Kulasekaran, J.

Questioning the validity of the Order dated 29.06.2005 passed by the respondent rejecting the claim of the petitioner for re-fixation of pension, the present writ petition has been filed.

2. The case of the petitioner is as follows:-

The Petitioner was appointed as Permanent Judge, High Court of Madras on 25.01.1979 and superannuated on 07.12.1981. During the said period, the Government of India has issued a notification dated 29.07.1981 appointing the petitioner as Commission of inquiry to inquire into the incidents relating to the attack on the offices and premises of Tamil Newspapers 'Malaimurasu' and 'Dinakaran". The notification dated 29.07.1981 reads thus:-

"I am directed to say that the President requests Shri Justice P. Venugopal, Judge, Madras High Court to function as the Commission of Inquiry under the Commissions of Inquiry Act, 1952 in respect of the incidents that took place in Coimbatore Town in Tamil Nadu on 23rd Ju






















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