The Chairman v. Mu.Aariffa

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mr Justice SENTHILKUMAR RAMAMOORTHY IN WA(MD) No.SR10053 of 2016 1 THE CHAIRMAN 2 THE SECRETARY, 3 THE JOINT SECRETARY ... PETITIONERS/APPELLANTS.

Vs 1 MU.AARIFFA 2 THE SECRETARY TO GOVT.

(P&AR DEPARTMENT) FORT ST. GEORGE, CHENNAI-09. ... RESPONDENTS/RESPONDENTS. 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 664 days in preferring the WA(MD) SR.10053 of 2016.

Prayer in WA(MD) No.SR10053 of 2016:

To allow the Writ Appeal by setting aside the order passed in WP(MD)No.4209 of 2013, dated 09.04.2014.

Prayer in WP(MD)No.4209 of 2013:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/3

respondents to appoint the petitioner as Station - Fire and Rescue Service (1096) Officer in Advertisement No.18/2012 in CSSE - II (SFO).

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. K.K.SENTHIL, Advocate for the petitioners and of Mr.S.Vellaichamy, Advocate for the 1st Respondent, and of Mr.D.Murugananden, AddiTIIONAL Government Pleader, on behalf of the 2nd Respondent, the court made the following order:- (Order of the Court was made by K.RAVICHANDRABAABU,J) This Miscellaneous Petition is filed seeking to condone the delay of 664 days in preferring the above Writ Appeal. 2.Heard both sides and perused the materials filed in support of the application as well as the counter filed therein. 3.It is seen that the appellants have originally filed the Writ Appeal in time and the same has been assigned with W.A(MD) SR.No.23222 of 2014.

It is stated that the said papers were returned by the Registry, but, however, the same was received by someone on 18.6.2014 and thereafter, the status was not known to the appellants. Therefore, the present Writ Appeal is once-again filed with the delay of 664 days. It is stated by the learned counsel for the appellants/Petitioners that the issue involved in this case is pending before the Honourable Apex Court with an order of status-quo.

4.Considering the above-stated facts and circumstances, this Miscellaneous Petition is ordered. Registry is directed to print the name of the learned counsel for the first respondent also, at the time of posting the Writ Appeal for admission. sd/- 08/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHAIRMAN, 2 THE SECRETARY, FRAZER BRIDGE ROAD, VOC NAGAR, PARK TOWN, CHENNAI-03 2/3

3 THE JOINT SECRETARY, 4 THE SECRETARY TO GOVT.

(P&AR DEPARTMENT) FORT ST. GEORGE, CHENNAI-09.

ORDER IN CMP(MD) No.2286 of 2018IN WA(MD) No.SR10053 of 2016 Date :08/08/2019 AM/JC/SAR-1/26.08.2019/3P-5C 3/3