Madras High Court
Velusamy vs The State Of Tamilnadu on 13 July, 2021
W.A.No.1172 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1172 of 2021
Velusamy .. Appellant
Vs.
1.The State of Tamilnadu,
Represented by the Chief Secretary,
Fort St. George,
Chennai – 600 009.
2.The State of Tamilnadu,
Represented by its Secretary,
Revenue and Administration,
Fort St. George,
Chennai – 600 009.
3.The District Collector of Thanjavur,
Thanjavur .. Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 03.11.2020 passed in W.P.No.6952 of 2013 on the file of
this Court.
For Appellant : Mr.V.Udaya Kumar
For Respondents : Mr.C.Jayaprakash
Government Counsel
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W.A.No.1172 of 2021
JUDGMENT
[delivered by PUSHPA SATHYANARAYANA, J.]
The writ appeal has been filed by the writ petitioner against the
order passed in W.P.No.6952 of 2013 dated 03.11.2020.
2. The writ petitioner was appointed as Village Administrative Officer
in Kumaramangalam Village. He has now sought for regularisation of his
services by recognising his service with effect from 11.08.1982 and
confer all monetary and other benefits due to him. The learned Single
Judge had dismissed the writ petition, aggrieved by the same, the present
appeal is preferred.
3. It is stated in his affidavit that he was originally appointed on
08.08.1982 as per the directions of the Hon'ble Supreme Court on the
basis of undertaking given by the respondents. It is further stated that the
respondents did not allow him to join the said post due to non-furnishing
of requisite declaration. Thereafter, the writ petitioner had approached the
Tribunal and subsequently, he was appointed on 19.07.1992 and retired
from service on 28.02.2010 as Village Administrative Officer.
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W.A.No.1172 of 2021
4. The learned counsel appearing for the appellant submitted that
the mistake on the part of the respondents in not allowing the appellant
to join the said post should not prejudice his rights. Hence, he requested
his service to be regularised from the year, 1982.
5. It is found by the learned Single Judge that the requisite
declaration if submitted would have disqualified the writ petitioner and
therefore, he did not submit the same. Only pursuant to the direction of
the Administrative Tribunal he was appointed as Village Administrative
Officer and his services were regularised and he retired from service on
28.02.2010. Admittedly, he has also taken the terminal benefits and after
a lapse of three years from the date of his retirement, the writ petition
was filed to reckon the date of his regularisation from 11.08.1982 after a
delay of almost 30 years. The writ petition was also filed after receiving all
the retiral benefits that too three years later. Therefore, the appellant is
guilty of delay and laches and he cannot try to take advantage of his own
mistake of not knocking the doors of the Court at the earliest point of
time. On the same grounds, the learned Single Judge also rejected the
claim of the writ petitioner. The attitude of the appellant appears to be a
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W.A.No.1172 of 2021
matter of chance. Thus the writ petition was filed unsuccessfully. We do
not find any error or defect in the order of the learned single Judge and
the same is sustained.
6. In normal circumstances, we would impose exemplary cost for
wasting the time of this Court, in spite of knowing that the claim is not
sustainable. However, considering the plight of the appellant that he had
retired 10 years ago, we refrain from doing so.
7. In view of the above, the writ appeal is dismissed. No costs.
[P.S.N. J.] [K.R. J.]
13.07.2021
Index : Yes / No
Internet : Yes/No
Speaking/Non speaking order
rsi
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W.A.No.1172 of 2021
To
1.The Chief Secretary,
State of Tamilnadu,
Fort St. George,
Chennai – 600 009.
2.The Secretary,
State of Tamilnadu,
Revenue and Administration,
Fort St. George,
Chennai – 600 009.
3.The District Collector of Thanjavur,
Thanjavur
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W.A.No.1172 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A.No.1172 of 2021
13.07.2021
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