P.Murugesan, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN WP.No.17494 of 2019 P.Murugesan ..

Petitioner versus

1. The Government of Tamil Nadu, represented by the Secretary to Government, Tamil Nadu Development and Information Department, Fort St.George, Chennai-600 009.

2. The Director of Stationery and Printing, No.816, Anna Salai, Chennai-600 002.

..

Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to grant the benefits of upgradation to the post of Joint Director in the light of G.O.Ms.No.126 Information and Tourism Department dated 16.5.1997 together with all consequential monetary benefits, terminal benefits and penisionary benefits.

For Petitioner :

Ms. J.Clemance For Respondents :

Mr.V.Prabhu, Govt.Advocate

ORDER

The petitioner has come up with the present Writ Petition, seeking a direction to the respondents to grant the benefits of upgradation to the post of Joint Director in the light of G.O.Ms.No.126 Information and Tourism Department dated 16.5.1997 together with all consequential monetary and penisionary benefits.

2. In fact, the petitioner, on attaining the age of superannuation, retired from service on 31.7.1997. He came forward with the present Writ Petition, after a period of 22 https://hcservices.ecourts.gov.in/hcservices/

years, claiming certain benefits which, according to the petitioner were admissible to him during the period of his service prior to 1997. Although several facts have been incorporated in the affidavit filed in support of the Writ Petition, but this Court is unable to appreciate what is the present cause of action for the petitioner to approach this Court in 2019, i.e. after a long delay of 22 years. There is absolutely no whisper explaining such hopeless delay in filing the Writ Petition. The writ petitioner has also quoted some decisions of this Court, but this Court is of the view that the same cannot give rise to fresh cause of action for the petitioner to approach this Court so belatedly.

3. For the above said reasons, this Court is of the view that the Writ petition is hopelessly time barred and severely hit by latches and hence liable to be dismissed. Accordingly, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar Suk To

1. The Secretary to Government, The Government of Tamil Nadu, Tamil Nadu Development and Information Department, Fort St.George, Chennai-600 009.

2. The Director of Stationery and Printing, No.816, Anna Salai, Chennai-600 002.

+1cc to the Government Pleader, S.R.No. 52829 WP.No.17494 of 2019 RGN(CO) GN(01/08/2019) https://hcservices.ecourts.gov.in/hcservices/