Madras High Court
S.Ramakrishnan vs The Secretary To Government on 22 April, 2021
WA.No.731/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
WA.No.731/2021
& CMP.No.3982/2021
S.Ramakrishnan .. Appellant/Writ
Petitioner
Versus
1.The Secretary to Government
of Tamil Nadu, Home [Prison]
Department, Fort St George
Chennai 600 009.
2.The Additional Director General of Prisons
Egmore, Chennai 600 008.
3.The Superintendent of Prisons
Central Prison, Madurai. .. Respondents
1
https://www.mhc.tn.gov.in/judis/
WA.No.731/2021
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the
order passed in WP.No.5137/2020 dated 28.02.2020.
For Appellant : Mr.P.I.Thirumoorthy
For Respondents : Mrs.A.Srijayanthi
Special Government Pleader
JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,
through Video Conferencing]
1. By consent, the writ appeal is taken up for final disposal and is
disposed of by this judgment.
2. Mrs.A.Srijayanthi, learned Special Government Pleader accepts
notice on behalf of the respondents.
3. The appellant is the writ petitioner and he filed WP.No.5137/2020
praying for issuance of a writ of mandamus directing the 1st
respondent herein to grant all benefits to the writ petitioner/appellant
as extended to the co-batchmates of the year 1984, viz., Tvl.Abdul
Gaffoor and M.Anbalagan in G.O.Ms.No.1494, Home [Prisons]
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WA.No.731/2021
Department dated 04.101995 by considering the writ petitioner's
representations dated 16.03.2015 afresh by applying the doctrine of
equality under Article 14 of the Constitution of India and also to
invoke Rule 37 of the Tamil Nadu Civil Services [Discipline and
Appeal] Rules, 1955.
4. The said writ petition came to be dismissed vide final orders dated
28.02.2020 and aggrieved by the same, the present writ appeal is
filed.
5. A perusal of the affidavit filed in support of the writ petition would
disclose the following facts. The writ petitioner/appellant had
participated in the selection process conducted by the Tamil Nadu
Public Service Commission [TNPSC] for selection to the post of
Assistant Jailor and in the process, the 3rd respondent has rejected five
persons, including the writ petitioner/appellant herein on account of
shortage of physical and chest measurement.
6. The appellant/writ petitioner in this regard, filed WP.No.12338/1985
praying for issuance of a writ of mandamus, directing the respondents
to appoint him as Assistant Jailor in respect of the recruitment done in
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WA.No.731/2021
the year 1984. The writ petition was transferred to the Tamil Nadu
Administrative Tribunal and renumbered as TA.NO.1480/1989 and
vide final orders date 04.07.1991, the Tribunal has taken note of the
submission made by the learned counsel for the petitioner and had
passed an order, directing the respondents to appoint the
appellant/writ petitioner as Assistant Jailor as a fresh candidate within
a period of two months. The appellant/writ petitioner took a stand
that such a concession was made by the learned counsel without his
instructions and despite that, he joined the duty on 02.01.1992 out of
frustration in the light of passage of time and after joining the post,
he preferred a representation to the 2nd respondent on 31.07.1995
stating that he was not responsible for giving such an undertaking and
that the learned counsel who appeared for him, has exceeded his
brief. It is also pointed out by the learned appellant/writ petitioner
that the deficiency pointed in respect of the other four persons who
are similarly placed as regards shortfall of physical measurement, has
also been relaxed by the 1st respondent vide G.O.Ms.No.1494, Home
[Prisons-II] Department dated 04.10.1995.
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WA.No.731/2021
7. The appellant/writ petitioner preferred an appeal in this regard, before
the 1st respondent and the same also came to be rejected vide order
dated 02.07.1997 by citing the order of the Tribunal dated 04.07.1991
made in TA.No.1480/1989.
8. The appellant/writ petitioner, thereafter submitted a fresh
representation dated 16.03.2015 followed by a reminder
representation dated 11.06.2015 and since it was not considered, he
was constrained to approach this Court, by filing WP.No.5137/2020,
which came to be dismissed vide impugned order dated 28.02.2020
on the ground that the petitioner did not make a challenge to none of
the earlier orders of rejection and in the light of the fact that all the
orders had become final, there is no need or necessity to issue fresh
directions.
9. The learned counsel appearing for the appellant/writ petitioner would
submit that the concession given by the learned counsel who
appeared for him before the Tribunal in TA.No.1480/1989, was
without his instructions and in the light of the passage of time, the
appellant/writ petitioner was forced to report for duty on 02.01.1992
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WA.No.731/2021
and pointing out the concession extended to the co-batch mates, also
submitted a representation which came to be rejected by the 1 st
respondent on 02.07.1997 and though no challenge has been made to
the said order, the uncontroverted / undisputed fact remains that the
co-batch mates have been treated with certain benevolence and it was
extended to him, he would have gained seniority from the date of his
initial appointment as that of the co-delinquent and hence, prays for
appropriate orders.
10. Per contra, learned Special Government Pleader appearing for the
respondents would submit that admittedly, the appellant/writ
petitioner did not make any challenge to the earlier orders which went
against him and that apart, he is also guilty of delay and laches and
hence, prays for dismissal of this writ petition.
11. This Court has carefully considered the rival submissions and also
perused the materials placed before it.
12. If the case of the appellant/writ petitioner is accepted that the learned
counsel appeared for him before the Tribunal, has exceeded his brief
and gave a concession, it was open to the appellant/writ petitioner at
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WA.No.731/2021
the relevant point of time to go for review of the order or at least, he
would have made a challenge to the final orders dated 04.07.1991
made in TA.No.1480/1989 by filing a writ petition and he failed to do
so.
13. It is also to be noted at this juncture that pointing out the concession
extended to the co-batch mates, he submitted a representation to the
1st respondent, which also came to be rejected on 02.07.1997 and here
again, he is entitled to make a challenge to the said order. The
appellant/writ petitioner, after sleeping over his right for nearly 18
years, had submitted a representation dated 16.03.2015 followed by
reminder representations dated 11.06.2015 and 19.12.2018
respectively and thereafter, filed the writ petition on 24.02.2020.
14. Thus, the order dated 04.07.1991 made in TA.No.1480/1989 and the
order of rejection passed by the 1st respondent on 02.07.1997, has
become final. The appellant/writ petitioner, under the garb of filing
writ petition, want to revive a stale claim and that apart, he is also
guilty of delay and laches. In the considered opinion of the Court, the
learned Judge has rightly taken note of the said material and reached
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WA.No.731/2021
the conclusion to dismiss the writ petition.
15. This Court, on an independent application of mind to the entire
materials placed and on appraisal of the same, is of the considered
view that there is no error apparent or infirmity in the reasons
assigned by the learned Judge in dismissing the writ petition and
finds no merits in the writ appeal.
16. In the result, the writ appeal stands dismissed, confirming the order
dated 28.02.2020 made in WP.No.5137/2020. No costs.
Consequently, the connected miscellaneous petition is closed.
[MSNJ] [PRMJ]
22.04.2021
AP
Internet: Yes
To
1.The Secretary to Government
of Tamil Nadu, Home [Prison]
Department, Fort St George, Chennai 600 009.
2.The Additional Director General of Prisons
Egmore, Chennai 600 008.
3.The Superintendent of Prisons
Central Prison, Madurai.
https://www.mhc.tn.gov.in/judis/
WA.No.731/2021
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.No.731/2021
22.04.2021
https://www.mhc.tn.gov.in/judis/
