C.Thiagarajan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM in W.P.No.2904 of 2019 C.Thiagarajan . . Review Petitioner/ Petitioner Vs

1. The Govt. of Tamil Nadu, rep by the Secretary to Government, Tamil Development and Information (S&P1-2) Department, Fort St.George, Secretariat, Chennai-600 009.

2. The Director of Stationery and Printing, 110, Anna Salai, Chennai-600 002. . . Respondents Prayer: This Review Application has been filed under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure may be pleased to review the order 1/4

in W.P.No.2904 of 2019 dated 04.02.2019 by allowing the Review Petition. For Petitioner : Mr.B.R.Ganesan For Respondent : Mr.P.Sanjay Gandhi, Government Advocate for R1 & R2

ORDER

The Review Application has been filed to review the order dated 04.02.2019 passed in W.P.No.2904 of 2019.

2. It is not in dispute that the petitioner was allowed to retire from services from 31.12.1999. The employee who retired from service from the post of Deputy Director of Stationeries and Printing on 31.12.1999 filed a Writ Petition in W.P.No.2904 of 2019 after a lapse of 20 years from the date of retirement. The relief sought for in the Writ Petition is to grant deemed promotion to the post of Joint Director of Stationeries and Printing in the scale of pay of Rs.12000-375-16500 with effect from 01.07.1999. This Court dismissed the Writ Petition mainly on the ground that there is a long delay of 20 years in approaching the Court from the date of retirement and the claim for upgradation cannot be considered in respect of the retired employees after several years. The Government also rejected the claim of the petitioner by passing an order and the said order reveals that the petitioner submitted a 2/4

representation to the Government only on 25.11.2016 based on the order passed by the Hon'ble Supreme Court dated 18.11.2014. Even then, there was a long delay and if at all the petitioner is entitled for any benefit from and out of the order of the Supreme Court that alone should have been claimed and in the present case, the petitioner is claiming upgradation/deemed promotion to the post of Joint Director of Stationeries and Printing which cannot be considered at this length of time. Thus this Court do not find any acceptable ground for the purpose of reviewing the order passed in W.P.No.2904 of 2019 dated 04.02.2019.

3. Accordingly, this Review Application stands dismissed. No costs. 09.02.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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S.M.SUBRAMANIAM, J.

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