Dr.C.Shanmugam v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.17482 of 2019 C.Shanmugam ... Petitioner vs 1.Government of Tamil Nadu, Represented by Principal Secretary to Government, Higher Education Department, Secretariat, Chennai-600 009.
2.The Vice Chancellor, Bharathiyar University, Coimbatore-641 046.
3.The Registrar/Finance Control Officer, Bharathiyar University, Coimbatore-641 046. ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to pass orders, directions, writs in particular a Writ of Mandamus, directing the respondents to consider the claim of the petitioner for certain service and monetary benefits to him in the light of representation dated 01.10.2015, 28.032016, 27.07.2016 and 06.04.2019. For Petitioner : Mr.P.Murali For Respondents : Mr. V.Kathirvelu Special Government Pleader for R1 Mr.L.P.Shanmugasundaram for R2 and R3
O R D E R
The case of the petitioner is that he was selected as Lecturer in Linguistic at Institute of Development of Karnataka studies Mysore, on 16.06.1973 as per letter No.D6-424/72-73 on 13.01.1973. Thereafter, he was transferred to Bharathiyar University, Coimbatore, Tamil Nadu and he was relieved from Mysore University on 29.03.1987 and joined duty as Reader in
Linguistic at Bharathiyar university, Coimbatore on 30.03.1987, on the next day itself without any break in service. Thereafter, he served as an Associate Professor and Professor in Linguistics from 30.03.1987 and retired from service on 31.05.2007 on attaining the age of superannuation. After his retirement he made several representations for his pensionary benefits. Till date his representations were not considered by the respondents. Therefore, he filed a Writ Petition.
2. The learned counsel appearing for the petitioner would submit that it would be suffice to issue directions to the respondents to dispose of the representation dated 06.04.2019 and pass orders.
3. Mr.V.Kadhirvelu, Learned Special Government Pleader, appearing for the first respondent and Mr.L.P.Shanmugasundaram, learned counsel appearing for the second and third respondents conceded to the limited request made by the learned counsel for the petitioner.
4. Heard both sides and perused the documents placed on record.
5. Considering the facts and circumstances of the case and taking note of the submission made by the learned Special Government Pleader appearing on behalf of the first respondent, the petitioner joined the services in the year 1987 and he retired from the service in the year 2007. After his retirement, the petitioner made several representations for his pensionary benefits however, no explanation has been given by the petitioner for the delay of 12 years. Hence, the present Writ Petition is dismissed on the ground of delay in laches. No Costs.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar tta To, 1.The Principal Secretary to Government, Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai-600 009.
2.The Vice Chancellor, Bharathiyar University, Coimbatore-641 046.
3.The Registrar/Finance Control Officer, Bharathiyar University, Coimbatore-641 046.
+1cc to Mr.P.Murali, Advocate SR.92063 +1cc to Mr.L.P.Shanmugasundaram, Advocate SR.92107 W.P.No.17482 of 2019 (CO) CB(12/12/2019)