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Madras High CourtWP/19585/2021disposed of

S.Vijayalakshmi v. The Commissioner

2021-09-16Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.19585 of 2021 (Through Video Conferencing) S.Vijayalakshmi ... Petitioner Vs The Commissioner, Salem Corporation, Salem.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to dispose of the representation of the petitioner dated 24.02.2021 and thereby promote the petitioner notionally from January 2003 as Administrative Officer and to pay all attendant monetary benefits including the revision of pension within a date fixed by this Court.

For Petitioner : Mr.A.R.Nixon For Respondents : Mr.S.Sathish

ORDER

The writ petition has been filed to direct the respondent to dispose of the representation of the petitioner dated 24.02.2021 and thereby promote the petitioner notionally from January 2003 as Administrative Officer and to pay all attendant monetary benefits including the revision of pension. 2.The learned counsel for the respondent opposes and submits that the petitioner has retired from service as early as in the year 2004. He submits that the representation has been made in the year 2021. It is submitted there is an enormous delay in approaching this Court. He therefore submits, this writ petition is liable to be dismissed on the ground of latches.

3.It is noticed that the petitioner has filed earlier writ petition in W.P.No.5478 of 1998. By an order dated 20.04.1998, the said writ petition was disposed with an observation by directing the 1st respondent to consider the representation of the petitioner within a period of five months from the date of receipt of a copy of this order. Thereafter, the petitioner appears to have sent several https://hcservices.ecourts.gov.in/hcservices/

representations. However, no orders have been passed despite, two other writ petitions in the year 1998 and 2000 by the petitioner prior to his superannuation.

4.Considering the same, this writ petition is disposed by directing the respondent to dispose the representation of the petitioner dated 24.02.2021 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CJ Conf) //True Copy// Sub Assistant Registrar jas To The Commissioner, Salem Corporation, Salem.

+1cc to Mr.A.R.Nixon, Advocate, S.R.No.47367 W.P.No.19585 of 2021 BR(CO) GN(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/