Madras High Court
P.Santhakumari Amma vs The Secretary To Government Of ... on 6 July, 2021
W.A.(MD)No.1284 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1284 of 2021
and
C.M.P(MD).No.5398 of 2021
P.Santhakumari Amma
... Appellant/Petitioner
Vs.
1. The Secretary to Government of Tamil Nadu,
Finance (C.M.P.C.) Department,
Chennai.
2. The Accountant General,
(Accounts & Entitlement)
Tamil Nadu, 261 Anna Salai,
Chennai - 600 018.
3. The District Educational Officer,
Kuzhithurai,
Kanyakumari District.
... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.5211 of 2010, dated 02.11.2011.
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W.A.(MD)No.1284 of 2021
For Appellant : Mr.C.Kishore
For Respondents : Mr.R.Baskaran,
Standing Counsel for Government
for R1 and R3
Mr.P.Gunasekaran for R2
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.C.Kishore, learned counsel appearing for the appellant;
Mr.R.Baskaran, learned Government Counsel appearing for the respondents 1
and 3 and Mr.P.Gunasekaran, learned counsel appearing for the second
respondent.
2. This appeal filed by the writ petitioner is directed against the order
dated 02.11.2011 in W.P(MD).No.5211 of 2010.
3. The appellant filed the said writ petition praying for issuance of a
Writ of Certiorari to quash the Government letter dated 17.07.2000 and for a
consequential direction upon the third respondent to pay one bonus increment
as per G.O.No.562 of 1998, Finance (Pay Cell) Department, dated 28.09.1998,
with effect from September, 1998.
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W.A.(MD)No.1284 of 2021
4. The learned Writ Court took note of the fact that the appellant had
relinquished her promotion and consequently, the Department held that she has
not been stagnating without promotion, but it is the case where when the
promotion was offered, she was not willing to go to the promoted post and
relinquished her promotion. Therefore, the learned Writ Court held that the
purpose of grant of bonus increment is to alleviate the sufferings of employees
stagnating for 30 years, especially, without avenue of promotion and the
appellant who chose to relinquish her promotion, has actually stagnated out of
choice and not out of chance. Thus, the reason assigned by the learned Writ
Court does not call for any interference.
5. The learned counsel appearing for the appellant submitted that the
letter of relinquishment is non-est, such an argument cannot be advanced by the
appellant, because when promotion was offered to her, she has relinquished and
only when the recovery was made, such a stand was taken. Further, it is
submitted that the order of recovery was passed without notice and the recovery
was effected sometime in the year 2003 to 2004. Hence, at this distance of time,
the question of entertaining a challenge to the order of recovery as being one
without notice, does not arise. That apart, the writ petition has also been filed by
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W.A.(MD)No.1284 of 2021
the writ petitioner after a period of ten years. There was a delay in filing the
appeal also and the delay was inordinate. However, since the learned counsel
for the appellant submitted that the appellant was suffered from dementia and
produced the Doctor certificate, we exercise discretion and condone the delay,
so that the appeal can be heard on merits.
6. In the light of the above reasons, we find that there is no ground
made out by the appellant to interfere with the order passed in the writ petition.
In the result, the Writ Appeal fails and it is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 06.07.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1284 of 2021
To:
1. The Secretary to Government of Tamil Nadu,
Finance (C.M.P.C.) Department,
Chennai.
2. The Accountant General,
(Accounts & Entitlement)
Tamil Nadu, 261 Anna Salai,
Chennai - 600 018.
3. The District Educational Officer,
Kuzhithurai,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1284 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1284 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
