Madras High CourtWA(MD)/1404/2015dismissed

M.Rajagopalan, v. The Secretary To Government

2024-01-09Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Rajagopalan .. Appellant/Petitioner Vs.

1.The Secretary to Government, Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Higher Secondary Education, Nungambakakkam, Chennai - 600 006.

3.The Chief Educational Officer, Madurai District, Madurai.

4.The District Educational Officer, Madurai District, Madurai.

5.The Secretary, Thiagarajar Model Higher Secondary School , Theppakulam, Madurai - 625 009.

.. Respondents/Respondents

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 15.10.2015 made in W.P.(MD).No.18849 of 2015. For Appellant : Mr.V.Muthukamatchi For R-1 to R-4 : Mr.D.Sadiq Raja Additional Government Pleader For R-5 : Mr.M.Jerin Mathew

JUDGMENT

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The intra-Court appeal has been filed against the order passed by the learned Single Judge in W.P.(MD).No.18849 of 2015 dated 15.10.2015.

2. The prayer sought for in the Writ Petition is to re-fix the annual increment date from 01.07.1975 to 01.04.1975 so that the appellant/writ petitioner can get the advantage of the 6th Pay Commission, which came into effect from 01.06.2009. The Writ Petition was dismissed by the learned Single Judge on the ground of latches. Adding to this, the appellant herein is now no more. The prayer of the appellant/writ petitioner to re-fix his date

of annual increment emanated after 15 years of entering into service. Though it was not considered, he had not approached the Court immediately and he took another 25 years to approach the Court. Therefore, the learned Single Judge has rightly dismissed the Writ Petition. At this length of time, this Court is of the considered view that the Writ Appeal is liable to be dismissed.

3. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs.

(G.J.,J.) (C.K.,J.) 09.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Secretary to Government, Education Department, Fort St.George, Chennai - 600 009.