K.Mohammed Basheer v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8098 of 2017 K.Mohammed Basheer ... Petitioner -vs1. The Secretary to Government School Education Department Fort St.George Chennai 600 009
2. The Director of Elementary Education College Road Chennai 600 006
3. The District Elementary Educational Officer Perambalur District Perambalur
4. The Assistant Elementary Educational Officer Perambalur Perambalur District ... Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for records relating to orders passed by the third respondent in Na.Ka.No.1516/A1/2016 dated 08.12.2016 and quash the same and direct the respondents to settle all the terminal benefits by taking note of the qualifying pensionable service rendered by the petitioner prior to 31.10.1996. For Petitioner ::Mr.S.Kamadevan For Respondents::Mr.P.Sanjay Gandhi Additional Government Pleader
ORDER
This writ petition has been wrongly filed with a huge and unexplained delay of 28 long years seeking retiral benefits. The petitioner, although was appointed as Secondary Grade Teacher in Perambalur Panchayat Union School on 14.7.58, after
getting the benefit of regularisation, had applied for leave on loss of pay from 1.5.82 to 27.6.85 for a period of three years and the same was said to have been accepted by the fourth respondent. Again the petitioner is said to have re-joined duty on 28.6.85 and worked till 16.8.85. It is also further claimed that due to his family circumstances, he had again applied for leave on loss of pay for four years from 17.8.85 to 16.8.89 and the same was also accepted by the fourth respondent. Only thereafter, he was not permitted to rejoin duty. Therefore, it is stated that the petitioner has submitted his request for voluntary retirement. But no order was passed either accepting his request for voluntary retirement or permitting him to rejoin duty. Hence his grievance is that when there was no disciplinary proceedings initiated for his unauthorized absence and when no order was passed on his request for voluntary retirement, on attaining the age of superannuation on 31.10.96, the respondents cannot withhold his service benefits.
2. But this submission does not carry any substance. The reason is that after the petitioner went on leave from 17.8.85 on loss of pay for four years till 16.8.89, there is no document produced before this Court that he has made any request for voluntary retirement or he has made any application for releasing his retiral benefits. Therefore, when the petitioner has kept quiet for almost 28 long years, this Court, sitting under Article 226, is not inclined to entertain the writ petition, as he has slept over the matter. Hence, the petitioner, being guilty of laches, is not entitled to seek any remedy. Secondly, even if a direction is given, it is not known whether the respondent Department would be able to trace out any of the papers after 28 long years. Accordingly, the writ petition fails and it is dismissed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ss To
1. The Secretary to Government, School Education Department, Fort St.George, Chennai 600 009.
2. The Director of Elementary Education, College Road, Chennai 600 006.
3. The District Elementary Educational Officer, Perambalur District, Perambalur.
4. The Assistant Elementary Educational Officer, Perambalur, Perambalur District.
+1cc to Mr.S.Kamadevan, Advocate Sr.21137 +1cc to the Government Pleader Sr.21012 W.P.No.8098 of 2017 sk[co] srg 19/04/2017