Madras High Court
G.Chandrasekaran vs The Registrar on 19 January, 2021
WMP.No.1606/2020 in WP.SR.No.141335/2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.01.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
WMP.No.1606/2020
in WP.SR.No.141335/2014
[Video Conferencing]
G.Chandrasekaran .. Petitioner
Versus
1.The Registrar
Central Administrative Tribunal
Chennai Bench, Chennai 600 104.
2.The Union of India
rep.by Chief Workshop Manager
Carriage & Wagon Works
Southern Railway, Perambur
Chennai 600 023.
3.FA&CAO/Stores & Workshops
Southern Railway, Perambur
Chennai 600 023. .. Respondents
https://www.mhc.tn.gov.in/judis/
1
WMP.No.1606/2020 in WP.SR.No.141335/2014
Prayer in WMP.No.1606/2020:- Writ Miscellaneous Petition filed
under Article 226 of the Constitution of India praying for condonation of
delay of 1758 days in representing WP.NO.SR.No.141335/2014.
Prayer in WP.SR.No.141335/2014:- Writ petition filed under Article
226 of the Constitution of India praying for issuance of a writ of
certiorarified mandamus calling for the entire records of the 1st
respondent in OA.No.706/2010 dated 30.08.2011 and quash the same
and consequently direct the respondent Nos.2 and 3 herein to implement
the Promotion Order dated 18.07.2007 and to pay arrears of pay and
pensionary benefits with an interest @ 12% till date of payment.
For Petitioner : Mr.Menon Karthik
For RR 2 & 3 : Mr.Vijay Anand
Additional Standing Counsel
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
(1)By consent, the writ petition is taken up for final disposal and is
disposed of by this order.
(2)Mr.Vijay Anand, learned Additional Standing counsel accepts notice
on behalf of respondents 2 and 3.
(3)The petitioner filed OA.No.706 of 2010 on the file of the 1st
respondent – Tribunal, Madras Bench, challenging the letter dated
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WMP.No.1606/2020 in WP.SR.No.141335/2014
08.12.2009 with a consequential direction, directing the 1st respondent
therein to implement the promotion order made in Office Order
No.215/2007 dated 18.07.2007 with effect from 02.07.2007 to
31.07.2007 and to compute the pension payable at 50% of
corresponding pay + Grade Pay in 6th Pay Commission based on the
last pay of Rs.7900/- in the Scale of Pay of 6500-10500 with a further
consequential direction, to extend the pensionary benefits due to him
including the leave salary with interest at the rate of 12% per annum
from the date on which it became due till the date of actual payment.
(4)The said Original Application, after contest, came to be dismissed
vide order dated 30.08.2011. The petitioner, challenging the legality
of the said order, has filed a writ petition on 23.12.2014 vide
SR.No.141335 of 2014. The Registry has returned the papers pointing
out certain defects and the papers were represented with a delay of
1758 days.
(5)It is relevant to extract paragraphs No.5 and 6 of the affidavit filed in
support of the miscellaneous petition:-
''5.Inadvertently, the present counsel
misplaced the contact details of the petitioner.
Since the documents as sought for by the present
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WMP.No.1606/2020 in WP.SR.No.141335/2014
counsel were not available, no effective steps could
be taken to take return of the Writ Petition and to
represent the same after complying with the defects.
The petitioner on the other hand was under the
bona fide impression that as according to him he
had submitted the full set of documents sought for,
his writ petition had been filed and was been
prosecuted. The petitioner did not contact the
present counsel as he has misplaced the present
counsel's Visiting Card. As a consequence, no
communication was possible with the present
counsel for a long period of time. By oversight, no
further steps were taken in the matter.
6.Only recently, the writ petition was listed
under the caption 'Notice Default cases' before this
Hon'ble Court. Upon making enquiries the present
counsel was informed that the matter pertains to the
petitioner. The present counsel then recollected
that the matter had been referred by the erstwhile
counsel and contacted him. The erstwhile counsel
also did not have any contact details but after much
difficulty he was able to contact the petitioner. The
petitioner then came to know about the
miscommunication between him and his counsel
which has arisen in the above bonafide
circumstances.''
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WMP.No.1606/2020 in WP.SR.No.141335/2014
(6)The learned counsel for the petitioner would submit that in the light of
the aforesaid reason, the delay in representing cannot be considered
has neither wilful nor wanton and since the petitioner is having a very
good case on merits, prays for condonation of delay of 1758 days in
representing the papers in SR.No.141335/2014 and would further add
that if any cost is imposed, the petitioner is also willing to pay the
same.
(7) Per contra, Mr.Vijay Anand, learned Additional Standing counsel
appearing for respondents 2 and 3 would point out that though the
order in OA.No.706/2010 came to be passed on 30.08.2011, the writ
petition itself was filed with a delay of nearly three years, i.e., on
23.12.2014 and that apart, there is a huge delay of unexplained delay
of 1758 days in representing the papers in SR.No.141335/2014 and in
the absence of any proper or tenable explanation, such a huge delay
cannot be condoned and would further add that it would also amounts
to reviving the stale claim and prays for dismissal of this petition.
(8)This Court has considered the rival submissions and also perused the
materials placed before it.
(9)As rightly pointed out by the learned counsel for respondents 2 and 3,
the order which is the subject matter of challenge in OA.No.706/2010
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WMP.No.1606/2020 in WP.SR.No.141335/2014
passed by the 1st respondent – Tribunal on 30.08.2011, came to be
challenged by filing writ petition only on 23.12.2014. The Registry
has returned the papers for certain defects and since papers were not
represented, it was posted in the default list and despite that, the
defects have not been complied with. The reasons adduced by the
petitioner in paragraphs No.5 and 6, in the considered opinion of the
Court, cannot be termed as a reasonable one It is the duty of the client
to contact his counsel at regular intervals to know about the case status
and it appears that the petitioner did not do so.
(10)The Hon'ble Supreme Court of India, in the decision reported in
2015 [1] SCC 680 [H.Dohil Constructions Company Private Limited
V. Nahar Exports Limited and Another], has considered the issue
relating to condonation of inordinate delay in re-filing [representing]
the appeal before the High Court and after taking note of the judgment
rendered by a Division Bench of this Court reported in 1990 [1] LLN
457 [Mad] [T.N.Mercantile Bank Limited V. Appellate Authority] as
well as its own decision reported in 2013 [12] SCC 649 [Esha
Bhattacharjee V. Raghunathput Nafar Academy], found that the
High Court had condoned the delay of representation of 9 days and
1727 days respectively in a casual manner without giving any reason
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WMP.No.1606/2020 in WP.SR.No.141335/2014
and therefore, set aside the order passed by the High Court of Delhi in
condoning the same and allowed the appeal.
(11)In the considered opinion of the Court, in the absence of any tenable
or acceptable reasons, huge delay of 1758 days in representing the writ
petition papers cannot be condoned and that apart, the writ petition
itself came to be filed only on 23.12.2014, i.e., after three years, in
making challenge to the order dated 30.08.2011 passed in OA.NO.706
of 2010,
(12)In the result, the writ miscellaneous petition in WMP.No.1606 of
2020 stands dismissed and consequently, WP.SR.No.141335/2014
stands rejected. No costs.
[MSNJ] [AANJ]
19.01.2021
AP
Internet:Yes
To
1.The Registrar
Central Administrative Tribunal
Chennai Bench, Chennai 600 104.
2.The Chief Workshop Manager
Union of India, Carriage & Wagon Works
Southern Railway, Perambur, Chennai 600 023.
3.FA&CAO/Stores & Workshops
Southern Railway, Perambur
Chennai 600 023.
https://www.mhc.tn.gov.in/judis/
WMP.No.1606/2020 in WP.SR.No.141335/2014
M.SATHYANARAYANAN, J.,
AND
A.A.NAKKIRAN, J.,
AP
WMP.No.1606/2020
in WP.SR.No.141335/2014
19.01.2021
https://www.mhc.tn.gov.in/judis/
