← Library
Madras High CourtWP/15546/2016dismissed

R.Ramajalam v. State Of Tamil Nadu

2016-04-27Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.15546 to 15552 of 2016 R.Ramajalam ..

Petitioner in W.P.No.15546 of 2016 Samuvel @ Vedhamuthu ..

Petitioner in W.P.No.15547 of 2016 K.Mydeen Khan ..

Petitioner in W.P.No.15548 of 2016 G.Lakshmanan ..

Petitioner in W.P.No.15549 of 2016 A.Jeyaraj ..

Petitioner in W.P.No.15550 of 2016 V.John ..

Petitioner in W.P.No.15551 of 2016 C.Muthusamy ..

Petitioner in W.P.No.15552 of 2016 -vs1. The State of Tamil Nadu rep.by its Secretary to Government Revenue Department Fort St.George Chennai 600 009

2. The Commissioner of Revenue Administration Chepauk Chennai 600 005 ..

Respondents 1 & 2 in all the W.P's Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider and pass appropriate orders sanctioning of full pension taking into account of the services rendered during the period from 20.04.1966 to 31.05.1995; 1986 to 31.05.1995; 16.02.1966 to 31.05.1995; 1986 to 31.05.1995; 1961 to 31.05.1995; 26.03.1968 to 31.05.1995; 13.01.1963 to 31.05.1995 respectively, i.e., the period of the part time services rendered by the petitioners applying the ratio of the directions issued by the Hon'ble Court in W.P.(MD) No.1716 of 2005 dated 24.08.2007, within a time frame fixed by this Hon'ble Court.

For Petitioners::

Mr.S.Sathia Chandran For Respondents::

Mr.S.Gunasekaran Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

All the petitioners, being senior citizens, have come to this Court with a huge and unexplained delay of more than 14 years seeking a writ of mandamus, directing the respondents to consider and sanction full pension to the petitioners taking into account the services rendered by them during the period from 20.04.1996 to 31.05.1995; 1986 to 31.05.1995; 16.02.1966 to 31.05.1995; 1986 to 31.05.1995; 1961 to 31.05.1995; 26.03.1968 to 31.05.1995; 13.01.1963 to 31.05.1995 respectively, i.e., the period of part time services rendered by them by applying the ratio of the direction issued by this Court in W.P.(MD) No.1716 of 2005 dated 24.08.2007.

2. At the outset, this Court is not able to find any sufficient cause to excuse such a long delay. Although the learned counsel for the petitioners drew the attention of this Court to paragraph-7 of the affidavits, where he pleaded that the cause for the delay has been sufficiently explained, this Court still is not able to appreciate the reasons as sufficient cause to excuse the huge delay. When the petitioners have asked for a prayer to take into account the aforementioned services rendered by them, namely, the period of part time services, they should have atleast come to this Court immediately after their retirement, if not, atleast after the order was passed by this Court in W.P.(MD) No.1716 of 2005 dated 24.8.2007. As they have not done so on the basis of any one of the aforementioned situations, this Court is not inclined to accept their stale claim. Therefore, the petitioners are held guilty of laches and their prayer is refused. Accordingly, the writ petitions are dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ss To

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

2. The Commissioner of Revenue Administration Chepauk Chennai 600 005 1 cc to M/s.S.Sathia Chandran, Advocate, sr.26559 1 cc to The Government Pleader, sr.26802 W.P.Nos.15546 to 15552 of 2016 mp co, kra 23.05.2016 https://hcservices.ecourts.gov.in/hcservices/