P.Durai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.659 of 2017 and 5446 of 2018 P.Durai ... Petitioner vs.

1.The State of Tamil Nadu, represented by Secretary to Government, Municipal and Local Administration Department, Fort St.George, Chennai-600 008.

2.The Commissioner of Municipal Administration, Municipal and Local Administration, Chepauk, Chennai-600 005.

3.The Commissioner, Thanjavur Municipality, Thanjavur District-613 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the 1/6

records pertaining to the issue of the impugned order Na.Ka.No. 8973/2012/C3, dated 03.01.2013, passed by the 3rd respondent and to quash the and to direct the respondents to fix the regular scale of pay Rs. 250-5-10-400 to the petitioner with effect from 05.11.1976 and further to direct the respondents to pay all monetary benefits including arrears of salary, allowance, revision pension benefits to the petitioner within a time as may be fixed by this Court.

For Petitioner : No appearance For R1 & 2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.P.Srinivas *****

O R D E R

This writ petition is filed for issuance of a writ of Certiorarified Mandamus, to quash the impugned order, dated 03.01.2013, passed by the 3rd respondent and to direct the respondents to fix the regular scale of pay Rs.250-5-10-400 to the petitioner with effect from 05.11.1976 and further to direct the respondents to pay all monetary benefits including arrears of salary, allowance, revision pension benefits to the petitioner 2/6

within a time as may be fixed by this Court.

2. The petitioner's father died on 27.07.1976 and hereafter, he was appointed on compassionate ground on temporary basis from 05.11.1976.

3. The contention of the respondents is that the scheme of appointing legal heirs of the decease employee was formulated in the year 1982 onwards, hence based on the scheme, the petitioner was regularized from 1987 onwards. However, the petitioner is claiming to regularize his service in the compassionate appointment from 1976 onwards.

4. This Court is of the considered opinion that when the scheme of compassionate appointment was not available, the claim of the petitioner cannot be entertained from 1976 onwards. The respondents have rightly considered the case of the petitioner from 1987 onwards and granted 3/6

regularization. The petitioner has retired from service on attaining superannuation his service on 30.06.2013.

5. After retirement, the petitioner has come forward with this writ petition to regularize his service from the date of original appointment. There is a delay of four years from the date of retirement and delay of 26 years of delay from the date of regularization. It is a "post retirement litigation", which cannot be entertained. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 15.03.2023 Internet : Yes NCC : Yes / No Tmg 4/6

To 1.The Secretary to Government, State of Tamil Nadu, Municipal and Local Administration Department, Fort St.George, Chennai-600 008.

2.The Commissioner of Municipal Administration, Municipal and Local Administration, Chepauk, Chennai-600 005.

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S.SRIMATHY, J Tmg 15.03.2023 6/6