Government Of Tamil Nadu v. B.Rathinam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice NOOTY. RAMAMOHANA RAO and The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.7539 of 2016 IN WA(MD) No.SR33328 of 2015 1 GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY TO HOME DEPARTMENT, FORT ST GEORGE, CHENNAI.
2 THE DIRECTOR GENERAL OF POLICE KAMARAJAR SALAI, MYLAPORE, CHENNAI.
3 THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRUCHIRAPPALLI.
4 THE SUPERINTENDENT OF POLICE KARUR DISTRICT.
5 THE ACCOUNTANT GENERAL(ACCOUNTS & ENTITLEMENT), PENSION SECTION-15, NO.361, ANNA SALAI, CHENNAI 600 018. ... PETITIONERS/APPELLANTS/RESPONDENTS Vs B.RATHINAM ... RESPONDENT/RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 939 days in filing the WA.(MD).SR.No.33328/2015 against the order dated 26.11.2013 passed in WP.(MD).No.7457/2013. Prayer in WP(MD). 7457/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records of the fourth respondent dated 28.10.2010 made in Na.Ka.No.A3/31924/2010, quash the same and consequently direct the second respondent herein to revise the pension and other retiremental benefits by advancing the upgradation as Grade I Police Constable / Head Constable on completion of 10/5 years and upgrade as Sub Inspector of Police on completion of 25 years of service and also upgrade to the higher posts notionally in the light of Government orders and order made in WP No. 11544 to 11550 of 2012 dated 28.06.2012 which were extended to petitioner s juniors within the time limit stipulated by this Honourable Court and pass such further or other.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of SPECIAL GOVT PLEADER, Advocate for the petitioner, the court made the following order:- This Miscellaneous Petition has been taken out seeking for condonation of delay of 939 days inf filing the writ appeal. For the reasons stated in the accompanying affidavit and those are explained at https://hcservices.ecourts.gov.in/hcservices/
Bar and we have considered that ends of justice would be better served, if the delay is condoned on certain terms.
Hence, the delay of 939 days in filing the accompanying writ appeal, is condoned, subject to the condition that the appellant shall pay a sum of Rs.5,000/-(Rupees Five Thousand only) to the Mediation and Conciliation Centre, attached to this Bench on or before 26.08.2016, failing which the petition shall stand dismissed without any further reference to this Court.
sd/- 09/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT OF TAMIL NADU FORT ST GEORGE, CHENNAI.
2 THE DIRECTOR GENERAL OF POLICE KAMARAJAR SALAI, MYLAPORE, CHENNAI.
3 THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRUCHIRAPPALLI.
4 THE SUPERINTENDENT OF POLICE KARUR DISTRICT.
5 THE ACCOUNTANT GENERAL(ACCOUNTS & ENTITLEMENT), PENSION SECTION-15, NO.361, ANNA SALAI, CHENNAI 600 018.
6 THE CHIEF COORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to GOVT PLEADER Advocate SR.No.43235
ORDER
IN CMP(MD) No.7539 of 2016 IN WA(MD) No.SR33328 of 2015 Date :09/08/2016 PA/KBM/SAR III/11.08.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/