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Madras High CourtWP(MD)/17058/2020dismissed

G.Sornam v. The Chief Executive Officer

2022-03-24Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.17058 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.17058 of 2020 and W.M.P.(MD) No.14879 of 2020 G.Sornam ... Petitioner -vs1. The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kurazhagam, Chennai - 600108.

2. The Assistant Director, Khadi and Village Industries, Dindigul.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents to re-fix the Petitioner's Scale of Pay Payable to the Post of Typist with effect from 28.08.2003 till her retirement on 31.07.2002 and pay the arrears in difference of salary with all consequential benefits by considering her Representation dated 10.05.2019.

For Petitioner :

Mr.J.Lawrance For Respondents :

Mr.M.Ramesh, Government Advocate ******

O R D E R

The relief sought for in the present writ petition is to direct the respondents to refix the petitioner's Scale of Pay payable to the post of Typist with effect from 28.08.2003 till her retirement on 31.07.2002 and pay the arrears in difference of salary with all consequential benefits by considering her representation dated 10.05.2019.

2. The petitioner filed the present writ petition eight years after the date of retirement.

https://hcservices.ecourts.gov.in/hcservices/ _________

W.P.(MD) No.17058 of 2020

3. This Court is of the considered opinion that the petitioner ought to have redressed her grievances during the relevant point of time. Any aggrieved employee is expected to approach the competent authority within a reasonable period of time for redressal of his/her grievances. However, in the present case, the petitioner seeks revision of pay in the post of Typist from the year 2003 onwards and she retired from service in the year 2012 and filed the present writ petition in the year 2020 and therefore, the petitioner has left over her right and now she cannot wake up and knock the doors of the Court, which cannot be considered at all. Thus, the Writ Petition is liable to be dismissed.

4. Accordingly, this Writ Petition stands dismissed on account of laches. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (WRITS) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kurazhagam, Chennai - 600108.

2. The Assistant Director, Khadi and Village Industries, Dindigul.

+1 CC to M/s.SPL GP ( SR-14533[F] dated 25/03/2022 ) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-14435[F] dated 25/03/2022 ) W.P.(MD) No.17058 of 2020 24.03.2022 SS/04.04.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ _________