Mrs.S.Rathinam v. The Principal Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Rathinam ... Petitioner Vs.
1. The Principal Secretary to the Government Higher Education Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Director, The Directorate of Higher Education, Institute of Advance Study in Education Campus, 577, Anna Salai, Saidapet, Chennai 600 015.
3. Regional Joint Director of Collegiate Education, Office at Raja Serfoji Government Arts College for Men, Thanjavur Campus, Thanjavur 613 005.
4. The Principal Government College of Education, Mannargudi Main Road, Muthambalsathiram, Orathanadu, Thanjavur District - 614 625. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents to regularise the Page No. 1 of 5
petitioner's service from the date of temporarily appointment as Copyist on 16.10.1973 with consequential fixation to pay and pay increment to the petitioner's service within the stipulated time by considering the petitioner's representation dated 22.08.2023.
For Petitioner : Mr.N.S.Suganthan For Respondents : Mr.R.Kumaravelu Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus to direct the respondents to regularise the petitioner's service from the date of temporarily appointment as Copyist on 16.10.1973 with consequential fixation to pay and pay increment to the petitioner's service by considering the petitioner's representation dated 22.08.2023.
2. The petitioner was temporarily appointed as copyist on 16.10.1973 and after clearing the special qualifying examination she was regularised in service as Typist on 18.09.1980 and the petitioner was superannuated from service on 30.06.2007. Now the petitioner submits that since her earlier service from 1973 to 1980 was not considered, her retiral benefits and Page No. 2 of 5
pension are on the lower side. The petitioner relied upon the order of this Court in W.P.No.21300 of 2005. Hence, she made a representation to the official respondents on 22.08.2023 to regularise her service from the date of temporarily appointment as copyist on 16.10.1973 with consequential fixation of pay and pay increment to her service.
3. Heard both sides and perused the materials available on record.
4. The petitioner was regularised in service with effect from 18.09.1980 and she did not question the same at that point of time. Through out the service she kept quiet and did not ask for retrospective regularisation and superannuated from service in the year 2007. Now belatedly the petitioner cannot be permitted to claim the same. In view of the inordinate delay and the stale nature of the claim made 16 years after the date of retirement I am unable to entertain the writ petition and grant any relief. Accordingly, this writ petition stands dismissed. No costs.
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dpq To
1. The Principal Secretary to the Government Higher Education Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Director, The Directorate of Higher Education, Institute of Advance Study in Education Campus, 577, Anna Salai, Saidapet, Chennai 600 015.
3. Regional Joint Director of Collegiate Education, Office at Raja Serfoji Government Arts College for Men, Thanjavur Campus, Thanjavur 613 005.
4. The Principal Government College of Education, Mannargudi Main Road, Muthambalsathiram, Orathanadu, Thanjavur District - 614 625.
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D.BHARATHA CHAKRAVARTHY, J.
dpq 03.06.2024 Page No. 5 of 5