Dr.N.Nagarajan v. The State Of Tamil Nadu Rep. By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN Dr.N.Nagarajan ... Petitioner Vs.
1. The State of Tamil Nadu rep. by its Principal Secretary to Government, Higher Education Department, Fort St. George, Chennai-600 009.
2. The Commissioner, Directorate of Technical Education, Guindy, Chennai-600 025.
3. The Principal, Rajagopal Polytechnic College, Gudiyattam, Vellore District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the respondents herein to upgrade the petitioner from the post of Associate Lecturer with effect from 04/06/1978 instead of 04/02/1980 so as to revise the pensionary benefits by considering the petitioners last written representation dated 6/02/2025 and pass appropriate orders within a time frame to be fixed by this Hon'ble Court. 1/5
For Petitioner : Mr.C.Munusamy For Respondents : Mr.C.Jayaprakash Government Advocate for R1 & R2 *****
O R D E R
The instant writ petition has been filed seeking the relief of writ of Mandamus, directing the respondents herein to upgrade the petitioner from the post of Associate Lecturer with effect from 04/06/1978 instead of 04/02/1980 so as to revise the pensionary benefits by considering the petitioners last written representation dated 06/02/2025 and pass appropriate orders within a time frame to be fixed by this Hon'ble Court.
2. Heard Mr.C.Munusamy, learned counsel for the petitioner and Mr.C.Jayaprakash, learned Government Advocate appearing on behalf of the respondents 1 and 2.
3. The learned counsel for the petitioner would submit that the petitioner was upgraded to the post of Associate Lecturer with effect from 04.02.1978. However, his upgradation was considered with effect from 04.02.1980. The learned counsel would further submit that, in this connection, 2/5
he has been pursuing with his department since 1985. In this connection, he has given a representation dated 06.02.2025.
4. Per contra, the learned Government Advocate would strongly object the claim raised by the petitioner and would contend that the claim of the petitioner is hit by latches as he retired from service during 2001 and has not pursued his relief. Furthermore, the relief sought for is for the period 1980. Therefore, prayed to dismiss the present writ petition on the ground of latches.
5. As a reply to the above submission, the learned counsel for the petitioner would submit that the petitioner has been pursuing since 1985 and that the respondent has not considered his representation all through. Therefore, he approached this Court by way of the present writ petition. He would further submit that the petitioner is now aged about 82 years.
6. Though there is a long lapse of delay in sending the representation, considering the peculiar circumstances of the case that the petitioner has been pursing his claim since 1985, this Court, without going into the merits of the matter, deems it appropriate to direct the respondents 1 and 2 to consider the 3/5
petitioner's representation dated 06.02.2025 and pass orders on it's own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. In the result, with the above directions, this writ petition is disposed of. There shall be no order as to costs.
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1. The Principal Secretary to Government, State of Tamil Nadu Higher Education Department, Fort St. George, Chennai-600 009.
2. The Commissioner, Directorate of Technical Education, Guindy, Chennai-600 025.
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C.KUMARAPPAN, J.
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