M.Subramaniyan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7235 of 2017 & W.M.P.No.7874 of 2017 M.Subramaniyan, B.T.Head Master (Retd.) .. Petitioner vs.

1. The Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009.

2. The Director of Elementary Education, College Road, Chennai-600 009.

3. The District Elementary Education Officer, The District Elementary Education Office, Cuddalore, Cuddalore District.

4. The Assistant Elementary Education Officer, Mangalur @ Ramanathan, Thittakudi Taluk, Cuddalore District.

.. Respondents Prayer: Petition filed under Article 266 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents, particularly the third respondent to consider the representation of the petitioner dated 11.11.2016 re-promoed him as middle school Head Master with all service seniority, monetary benefits, consequently refix his pay and allowances in the cadre of selection grade middle school Head Master/Special Grade Middle School Head Master/Super Grade Middle School Head Master and Selection Grade B.T.Head Master on the recommendations of the Vth Pay Commission.

For Petitioner :

Mr.K.Rajendran For Respondents :

Mr.P.Sanjay Gandhi Addl.

Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

The writ petition has been filed belatedly by the petitioner who retired from service as B.T.Head Master ten years ago, wherein he has sought for a direction to consider his promotion made in his representation dated 11.11.2016. No documents, whatsoever, have been placed before this Court to see whether he has pursued the matter immediately either before his retirement or after his retirement.

2. Though the petitioner had retired from service ten years ago, having kept quite all these years, he has approached before this Court with a huge delay. Therefore, the petitioner is guilty of laches. Hence, the prayer sought for in the writ petition cannot be entertained.

3. Accordingly, the writ petition fails and the same is dismissed. Consequently, the connected miscellaneous petition is dismissed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar kal To

1. The Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Director of Elementary Education, College Road, Chennai-600 009.

3.The District Elementary Education Officer, The District Elementary Education Office, Cuddalore, Cuddalore District.

4.The Assistant Elementary Education Officer, Mangalur @ Ramanathan, Thittakudi Taluk, Cuddalore District.

+1 CC to Mr.K.Rajendran, Advocate Sr.No.78961 +1 CC to Government Pleader, High Court, Chennai Sr.No.18799 W.P.No.7235 of 2017 & W.M.P.No.7874 of 2017 SKS(CO) KP(12/04/2017) https://hcservices.ecourts.gov.in/hcservices/