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Madras High CourtWP/26063/2017disposed of

M.Loganathan v. The Managing Director

2017-10-05Honourable Mr Justice T.Raja6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2017

CORAM

THE HONOURABLE MR. JUSTICE T. RAJA W.P.No.26063 of 2017 M.Loganathan .. Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, No.12, Ramakrishna Road, Salem-636 007.

2. The General Manager, Tamil Nadu State Marketing Corporation Limited, No.12, Ramakrishna Road, Salem-636 007.

.. Respondents Writ Petition filed under Article 226 constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 29.3.2017 within a time specified by this Court, after affording an opportunity to the petitioner herein.

For Petitioner : Mr.S.Balaji For Respondents : Mr.P.Paramasivadoss

O R D E R

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 29.3.2017, after affording an opportunity to the petitioner herein within a time specified by this Court, 2.

When the matter was taken up for hearing today, Mr.P.Paramasivadoss, the learned Standing Counsel appearing for the respondents would submit that an appeal was preferred by the petitioner herein on 29.3.2017 against the proceedings of the 2nd respondent dated 3.11.2016, deferring his salary increment for a period of one year before the 1st respondent. He would further submit that the petitioner filed the said appeal belatedly with a delay of 60 days.

3.

This Court is of the view that delay in filing the appeal cannot be a ground not to dispose of the same. Therefore, the 1st respondent is directed to dispose of the appeal preferred by the petitioner dated 29.03.2017, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a copy of this Order.

4.

With the above direction, the Writ Petition is disposed of. No costs.

05.10.2017 Index : Yes/No Internet : Yes/No tsi To

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, No.12, Ramakrishna Road, Salem-636 007.

2. The General Manager, Tamil Nadu State Marketing Corporation Limited, No.12, Ramakrishna Road, Salem-636 007.

T.RAJA, J.

tsi W.P.No.26063 of 2017 05.10.2017