Kamatchi.K v. The Managing Director

W.P.(MD) No.5109 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.5109 of 2022 K.Kamatchi ... Petitioner -vsThe Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye Pass Road, Dindigul.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to fix correct basic pay and to pay review benefits, service weightage, earned leave wages for 236 days and medical leave for 120 days, arrears of back wages for 18 days and all other attendant benefits payable to the petitioner after considering his representation dated 09.11.2021 within the time that may be stipulated by this Court.

For Petitioner :

Mr.G.M.Xavier For Respondents :

Mr.J.Senthil Kumaraiah, Standing Counsel

O R D E R

The relief sought for in the present writ petition is to direct the respondent to fix the correct basic pay and to pay review benefits, service weightage, earned leave wages for 236 days and medical leave for 120 days, arrears of back wages for 18 days and all other attendant benefits payable to the petitioner after considering his representation dated 09.11.2021. 2.The representation submitted by the writ petitioner on 09.11.2021, which is enclosed in page 22 of the typed set of papers reveals that the petitioner was allowed to retire from service on 31.12.2013. His representation relates to the pay of the year 1991 and it is contended by the petitioner that there was an error in calculation of his pay during the year 1991 and such error is to be rectified after a lapse of 9 years from the date of retirement. The petitioner was appointed in the year 1985 and he claims that his pay of the year 1991 was not properly fixed.

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W.P.(MD) No.5109 of 2022 3.This Court is of the considered opinion that an aggrieved employee must redress his grievances within a reasonable period of time. An employee, who is left over his right, cannot wake up one fine morning and knock the doors of the Court with reference to the pay of the year 1991, which can never be considered at all. On account of efflux of time and considering the fact that the petitioner retired in the year 2013 itself, now his grievance at this length of time cannot be considered on account of lapse of time and the writ petition is liable to be rejected. 4.Accordingly, this Writ Petition is dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye Pass Road, Dindigul.

+1 CC to M/s.G.M.XAVIER, Advocate ( SR-13815[F] dated 23/03/2022 ) W.P.(MD) No.5109 of 2022 23.03.2022 RK(01/04/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2