Madras High CourtWP/28256/2017dismissed

P.Murugesan, v. The Principal Secretary /

2017-11-06Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P. No.28256 of 2017 P.Murugesan Petitioner Vs.

1. The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005

2. Joint Commissioner (Administration) Office of the Principal Commissioner and Commissioner of Commercial Tax, Chepauk, Chennai - 600 005 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to grant notional promotion to the petitioner as deputy commercial tax officer on par with his junior with effect from 27.08.1998, consequently fix the petitioner's salary in the post of Deputy commercial Tax Officer and direct the respondent to pay the pensionary benefits in the pay scale of Deputy Commercial Tax Officer.

For Petitioner : Mr.N.R.Arun Natarajan

O R D E R

The petitioner has come forward with this Writ Petition seeking a direction to the respondents to grant notional promotion to the petitioner as Deputy Commercial Tax Officer on par with his junior with effect from 27.08.1998 and for consequential benefits fixing his salary to the post of Deputy Commercial Tax Officer.

2. Heard the learned counsel for the petitioner and perused the documents available on record.

3. A perusal of the documents placed before this Court would reveal that the petitioner was permitted to retire from service on 28.04.2001 on reaching the age of superannuation. However, when the departmental proceedings were initiated, the petitioner https://hcservices.ecourts.gov.in/hcservices/

came to this Court by way of Writ Petition in W.P.No.6188 of 2009, challenging the initiation of departmental proceedings. This Court, by an order dated 24.01.2012, while allowing the writ petition made it clear that the petitioner was also entitled for the monetary benefits, as claimed by him, for the periods from 19.03.1988 to 04.04.1989, 25.04.1989 to 28.02.1990 and 23.12.1997 to 26.08.1998. During the said periods, he was under suspension from service. The said order also directed the 1st respondent to pay monetary benefits due to the petitioner.

4. This Court is unable to entertain the Writ Petition and the same is liable to be dismissed, the reason is, firstly, when the petitioner has not even made any plea with regard to the promotion and no order was sought for, or passed in his favour in the order dated 24.01.2012, the petitioner cannot further drag up the issue. Secondly, pursuant to the above said order, the suspension periods from 19.03.1988 to 04.04.1989, 25.04.1989 to 28.02.1990 and 23.12.1997 to 26.08.1998 were also regulated as duty period. The petitioner after accepting his date of retirement in the year 2001 and also further accepting the order dated 24.01.2012 regularising the suspension period, has kept quiet for a period of five long years, therefore, the petitioner cannot maintain the Writ Petition and hence the Writ Petition is dismissed on the ground of laches. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ssd To

1. The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005

2. Joint Commissioner (Administration) Office of the Principal Commissioner and Commissioner of Commercial Tax, Chepauk, Chennai - 600 005 +1 CC to Mr.N.R.Arun Natarajan, Advocate sr 79069. W.P. No.28256 of 2017 RJ(CO) SP(04/12/2017) https://hcservices.ecourts.gov.in/hcservices/