V.J.A.Christy v. The Commissioner Of Social Welfare

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE V.J.A.Christy ... Petitioner Vs.

1.The Commissioner of Social Welfare, Office of the Commissioner of Social Welfare, Chennai - 600 002.

2.The District Social Welfare Officer, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records in the impugned order in Na.Ka.No.33065/Nir.6(1)2017 dated 27.02.2018 issued by the first respondent and quash the same and consequently direct the respondents to refix the scale of pay of the petitioner and to revise the pensionary benefits. For Petitioner : Mr.V.Pal Pandi For Respondents : Mr.A.Baskaran, Additional Government Pleader

O R D E R

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This Writ Petition has been filed challenging the impugned order dated 27.02.2018 rejecting the petitioner's request to refix her scale of pay, revise her pensionary benefits and also seeking for notional promotion,

2. Admittedly, the petitioner has given a representation seeking for the aforementioned reliefs to the respondents only after the petitioner's retirement in the year 2013. In fact, the representation was given only in the year 2015, which came to be rejected under the impugned order dated 27.02.2018. While in service, the petitioner had never chosen to give any representation requesting for re-fixation of her scale of pay or consideration for promotion. After lapse of more than two years from the date of the petitioner's retirement, the petitioner has given a representation to the respondents seeking for the aforementioned reliefs, the same has also been rightly rejected by the first respondent under the impugned order dated 27.02.2018. With regard to seeking notional promotion, the question of entertaining this writ petition after retirement does not arise, in view of the well settled law laid down by the Hon'ble Supreme Court in the case of Government of West Bengal Vs. Dr.Amal Satpathi and Others reported in 2024 Supreme (SC) 1093.

3. The petitioner has also chosen to give a representation only after his 2/4

retirement and has also chosen to file this writ petition only in the year 2021, even though the impugned order came to be passed as early as on 27.02.2018 itself. Therefore, even on the ground of laches, this writ petition is not maintainable.

4. For the foregoing reasons, this Court does not find any merit in this writ petition and the same stands dismissed. No costs. 14.10.2025 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Commissioner of Social Welfare, Office of the Commissioner of Social Welfare, Chennai - 600 002.

2.The District Social Welfare Officer, Ramanathapuram.

ABDUL QUDDHOSE, J.

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