K.Joghee, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Joghee ... Petitioner Vs.
1.The State of Tamil Nadu Rep by its Secretary to Government, School Education Department, Fort St. George Chennai - 9.
2.The Director of School Education, DPI Compound, College Road, Chennai - 6.
3.The Chief Educational Officer, Ooty, Nilgiris District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to confer Selection Grade and Special Grade scale of pay in the cadre of Middle School B.T. Head Master to the petitioner, in the light of G.O.(2D).No.70 School Education Department dated 12.11.2014, issued by the first respondent, in favour of similarly placed persons, namely Thiru.
M.N.Jayaraman, by considering the petitioner's representation dated 05.10.2016.
For Petitioner : No Appearance For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
The writ petition was listed for final hearing on 17.11.2022, none appeared for the petitioner and thus, the case was listed under the caption "For Dismissal" on 22.11.2022. Again today also i.e. 22.11.2022, when the matter is taken up for hearing, there is no representation on behalf of the petitioner. Thus, this Court is inclined to pass final orders.
2. The relief sought for in the present writ petition is to direct the respondents to confer Selection Grade and Special Grade scale of pay in the cadre of Middle School B.T. Head Master to the petitioner, in the light of G.O.(2D).No.70 School Education Department dated 12.11.2014, issued by the first respondent, in favour of similarly placed persons, namely Thiru. M.N.Jayaraman, by considering the petitioner's representation dated 05.10.2016.
3. The learned Special Government Pleader brought to the notice of this Court that the writ petitioner retired from service on 31.05.2000 and the Government order, which is relied on by the petitioner was issued on 12.11.2014 in G.O.(2D).No.70, School Education Department. The petitioner submitted a representation on 05.10.2016 after a lapse of about 16 years from the date of retirement. Even at the time of filing the present writ petition, the petitioner was aged about 76 years and now he would be around 80 years. Thus, the petitioner had slept over his rights and filed a writ petition after a lapse of 16 years from the date of his retirement, seeking the benefit of selection grade and special grade regarding the services rendered by him prior to year 2000.
4. Thus, the Writ Petition stands dismissed on the ground of latches. No costs.
23.11.2022 Jeni Index : Yes Speaking order
To 1.The Secretary to Government, The State of Tamil Nadu School Education Department, Fort St. George Chennai - 9.
2.The Director of School Education, DPI Compound, College Road, Chennai - 6.
3.The Chief Educational Officer, Ooty, Nilgiris District.
S.M.SUBRAMANIAM, J.
Jeni 23.11.2022