K.Velu v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2019 CORUM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Appeal No.2827 of 2019 K.Velu .... Appellant Vs 1.The Secretary to Government, Rural Development Department, Government of Tamil Nadu, Fort St. George, Chennai - 9.

2.The Director of Rural Development, Panagal Building, Saidapet, Chennai - 15.

3.The District Collector, Panchayat Development Section, Vellore District, Vellore - 9.

.... Respondents Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 14.06.2019 made in W.P.No.16475 of 2019 passed by the Honble Court.

WP No.16475 of 2019:

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the third respondent to pass orders in the petitioner's representation dated 07/12/2018 within the stipulated times as directed by this court.

For Appellant : Mr.P.Wesley Issac For Respondents: Mrs.A.Sri Jayanthi Special Government Pleader

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,) The appellant submitted a representation on 07.12.2018 to direct the third respondent to consider and include his name in the panel for promotion of the year 2003. When a Writ Petition was filed to direct the respondents to consider the representation on merits, the learned single Judge opined that on account of the delay and laches, no such direction could be issued and resultantly, the Writ Petition was dismissed. The said order is under challenge at the instance of the unsuccessful writ petitioner.

2. The appellant earlier filed Original Application No.1761 of 2003 before the Tamil Nadu State Administrative Tribunal. The Original Application was allowed by order dated 13.05.2003. The said order was set aside by this court by order dated 18.02.2008 in W.P.No.16525 of 2003 at the instance of the third respondent. Subsequent to the order dated 18.02.2008, there was no action at the instance of the appellant. It was only on 07.12.2018, the appellant submitted a representation for inclusion of his name in the panel.

3. The appellant has come up with the prayer to include his name in the panel for promotion long after attaining the age of superannuation. The Writ Petition was therefore rightly dismissed by the learned single Judge.

4. The intra Court appeal is dismissed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sl To 1 The Secretary to Government, Rural Development Department, Government of Tamil Nadu, Fort St. George, Chennai - 9.

2. The Director of Rural Development, Panagal Building, Saidapet, Chennai - 15.

3.The District Collector, Panchayat Development Section, Vellore District, Vellore - 9.

+1cc to Mr.P.Wesley Issac, Advocate SR.72281 Writ Appeal No.2827 of 2019 SPD(CO) CB(03/10/2019)