R.Sarasam v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.2460 of 2020 R.Sarasam .. Petitioner .v.

1.The Secretary to Government, Home Department, Fort St.George, Chennai 600 009.

2.The Additional Director General of Prisons, Gandhi Irwin Road, Egmore, Chennai 600 008.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to issue suitable direction to the 1st respondent herein namely; The Secretary to Government, Home Department, Fort St.Geroge, Chennai 600 009 to implement the order dated 20.12.2012, made in W.P.No.34490 of 2012 of this Court within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.S.Govinda Prasad For Respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner and to grant her certain service benefits.

2.It is seen from records that the petitioner was engaged as Female Escort Warder in the year 1985. From the year 1985 till 2006, the petitioner was continuously engaged. Even as per the affidavit, thereafter the petitioner was never engaged. The petitioner has filed the present writ petition seeking for a direction to the respondents to consider her 1/4 https://hcservices.ecourts.gov.in/hcservices/

representation and to regularise her services and to grant her with all attendant benefits. For this purpose, the petitioner is relying upon the Government Orders and certain Orders passed by this Court from the year 2004 to 2017.

3.In the considered view of this Court, there is an enormous delay in the petitioner approaching this Court. Admittedly, the petitioner was out of service in the year 2006 and she has approached this Court after nearly 14 years on the ground that some of the similarly placed persons have been granted the relief. The relief sought for by the petitioner is liable to be rejected on the sole ground of latches. Since this Court does not find any legal right on the part of the petitioner, no purpose will be served by directing the respondents to consider her representation.

In the result, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KP To 1.The Secretary to Government, Home Department, Fort St.George, Chennai 600 009.

2.The Additional Director General of Prisons, Gandhi Irwin Road, Egmore, Chennai 600 008.

+1cc to Government Pleader SR.NO. 10441 +1cc to Mr.K.S.Govinda Prasad, Advocate sr.10152 W.P.No.2460 of 2020 ssd(co) nr 05/03/2020 2/4 https://hcservices.ecourts.gov.in/hcservices/