K. Akbar Ali Khan v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.32486 to 32492 of 2017 K.Akbar Ali Khan .. Petitioner in WP No.32486 of 2017 Philip Arockiya Raj .. Petitioner in WP No.32487 of 2017 K.Vijayakumari .. Petitioner in WP No.32488 of 2017 M.Dhanabalan .. Petitioner in WP No.32489 of 2017 A.Rathinam .. Petitioner in WP No.32490 of 2017 S.Rajeswari .. Petitioner in WP No.32491 of 2017 S.T.Kalaiselvi .. Petitioner in WP No.32492 of 2017 -vs1. The State rep.by its Finance Secretary Finance (CMPC) Department Fort St.George Chennai 600 009 .. 1st Respondent in all the Writ Petitions
2. The Commissioner Department of Social Defence 300, Purasaiwalkam High Road Kellys 2nd Respondent in W.P.Nos.32486 to Chennai 600 010 .. 32491 of 2017
3. The Director of Adi Dravidar and Tribal Welfare Department Chepauk Chennai 600 005 .. 2nd Respondent in WP No.32492/2017
4. The District Adi Dravidar Welfare Officer Vellore 632 009 Vellore District .. 3rd Respondent in WP No.32492/2017 W.P.No.32486 of 2017 is filed under Article 226 of the the second respondent's order in A.D.M.No.11927/A2/2017 dated
superannuation on the preceding day of annual increment due date on 01.01.2003 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.
W.P.No.32487 of 2017 is filed under Article 226 of the the second respondent's order in A.D.M.No.11931/A2/2017 dated superannuation on the preceding day of annual increment due date on 01.07.2010 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.
W.P.No.32488 of 2017 is filed under Article 226 of the the second respondent's order in A.D.M.No.11926/A2/2017 dated superannuation on the preceding day of annual increment due date on 08.01.2010 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.
W.P.No.32489 of 2017 is filed under Article 226 of the the second respondent's order in A.D.M.No.11928/A2/2017 dated superannuation on the preceding day of annual increment due date on 01.07.1999 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.
W.P.No.32490 of 2017 is filed under Article 226 of the the second respondent's order in A.D.M.No.11924/A2/2017 dated superannuation on the preceding day of annual increment due date on 01.10.1999 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.
W.P.No.32491 of 2017 is filed under Article 226 of the
the second respondent's order in A.D.M.No.11925/A2/2017 dated superannuation on the preceding day of annual increment due date on 01.10.2003 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.
W.P.No.32492 of 2017 is filed under Article 226 of the Certiorarified Mandamus, to direct the first respondent to call for the records in para 3 of the G.O.Ms.No.311, Finance (CMPC) Department dated 31.12.2014 and quash the same; consequently direct the respondent to grant a notional increment to the petitioner who retires on superannuation on the preceding day of annual increment due date on 01.07.1995 in light of final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period. For Petitioners:: Mr.T.Suresh For Respondents:: Mr.V.Jayaprakash Narayanan Special Government Pleader
ORDER
These writ petitions have been filed by the petitioners with a huge delay of 15 years; 7 years; 7 years; 6 years; 18 years; 14 years & 9 years respectively after the date of retirement of the petitioners seeking a direction to the respondents to grant notional increment to them, since they retired on reaching the age of superannuation on the preceding day of the annual increment, in the light of the final order passed in W.P.(MD) No.12322 of 2017 dated 5.7.2017.
2. Learned counsel for the petitioners submitted that the petitioner in W.P.No.32486 of 2017, after serving as Physical Education Teacher, on reaching the age of superannuation, retired from service on 25.12.2002 from Government Juvenile Home, Royapuram, Chennai. Since the annual increment due to him fell on 1st January of each year, he was not paid the annual increment for one year of service from 1.1.2002 till 25.12.2002. Hence, the annual increment which was not paid till date, should be directed to be paid notionally. Similarly, the petitioners in the other writ petitions also retired from service on 30.6.2010, 30.9.2010, 31.12.2011, 30.06.1999, 30.09.2003 & 31.07.2008 respectively and hence they are also entitled to be
paid with the annual increment notionally for the preceding one year of service, he pleaded.
3.1. But this Court is unable to entertain the writ petitions for three reasons. Firstly, even according to the petitioner in W.P.No.32486 of 2017, after having retired from service on reaching the age of superannuation on 25.12.2002, he has not completed one full year of service. If he retired on 31.12.2002, then he may be right in asking for the annual increment, which is not found in his case.
3.2. Secondly, after his retirement that took place on 25.12.2002, he kept quiet for almost 15 long years. Therefore, he should be held guilty of laches. On this ground also, his prayer should fail.
3.3. Thirdly, paragraph-3 of the G.O.Ms.No.311, Finance (CMPC) Department dated 31.12.2014 specifically states that the concession given under Fundamental Rules 26 with one notional increment at the rate as described under rule 6 of the Tamil Nadu Revised Scales of Pay Rules, 2009 is purely for the purpose of pensionary benefits and not for any other purpose and that the said concession shall take prospective effect from the date of issue of the order.
4. In the cases on hand, all the petitioners had retired between 6 and 18 long years ago. At no point of time, the petitioners, referring to the aforementioned Fundamental Rules 26 with one notional increment at the rate as described under Rule 6 of the Tamil Nadu Revised Scales of Pay Rules, 2009, have made any representation whatsoever, as they have given the representation for the first time only on 17.8.2017. Therefore, this Court is not inclined to entertain the writ petitions. Accordingly, the writ petitions are dismissed for laches. Consequently, W.M.P.No.35809 of 2017 is also dismissed. No costs.
Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar ss To
1. The Secretary to Government Finance (CMPC) Department Fort St.George Chennai 600 009
2. The Commissioner Department of Social Defence 300, Purasaiwalkam High Road Kellys Chennai 600 010
3. The Director of Adi Dravidar and Tribal Welfare Department Chepauk Chennai 600 005
4. The District Adi Dravidar Welfare Officer Vellore 632 009 Vellore District +1cc to Mr.T.Suresh, Advocate SR.No.88988 +1cc to Government Pleader SR.No.89682 W.P.Nos.32486 to 32492 of 2017 GP(CO) GN(17/01/2018)