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Madras High CourtWP/26404/2013dismissed

A.Gopalan v. State Of Tamilnadu

2023-11-29Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Gopalan .. Petitioner

Versus

1. State of Tamil Nadu, rep by its Secretary to Government, Tamil Development and Information Department, Secretariat, Chennai - 9.

2. Director of Information and Public Relations, Secretariat, Chennai - 9.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 1st respondent in G.O.(D).No.118, Tamil Development and Information Department, dated 20.08.2013 and quash the same and direct the respondents to fix the scale of pay of the petitioner in the cadre of Assistant Public Relation Officer fixing the last pay drawn in the cadre of Tutor-cum-Warden and confer all the consequential benefits including revision of pension. For Petitioner : No Appearance For Respondents : Mr.M.Muthukumar, Government Advocate 1/4

ORDER

The grievance of the petitioner is that when the petitioner was recruited as Assistant Public Relation Officer in the year 1986, when he was in service in his erstwhile post, initially itself, at the time of pay fixation, he ought to have been given pay protection. That was not given. The petitioner also did not raise any objection or approach the Courts of law for redressal.

2. On the contrary, only in the year 2009, belatedly, W.P.No.8011 of 2009 was filed and a direction was given to consider his representation, based on which, the representation was rejected by the order, dated 20.08.2013. As such, the claim of the petitioner regarding his initial pay fixation which is made after his retirement cannot be countenanced. The same is hit by delay and latches.

3. In view of the inordinate and extreme delay on the part of the petitioner in approaching this Court for redressal of his grievance, this Writ Petition is dismissed. No costs.

29.11.2023 2/4

Index : yes Speaking order : no grs To

1. The Secretary to Government, Tamil Development and Information Department, Secretariat, Chennai - 9.

2. The Director of Information and Public Relations, Secretariat, Chennai - 9.

3. The Public Prosecutor, High Court of Madras.

3/4

D.BHARATHA CHAKRAVARTHY, J.

grs 29.11.2023 4/4