Madras High Court
M.Mahalingam (Rtd Rc) vs The Secretary on 26 July, 2021
W.A.(MD)No.1429 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.1429 of 2021
M.Mahalingam (Rtd RC)
... Appellant/Petitioner
Vs
1.The Secretary,
Rural Development and Panchayat
Raj Department,
Secretariat,
Chennai.
2.The Commissioner,
Rural Development and Panchayat
Raj Department,
Panagal Building,
Chennai-15.
3.The District Collector,
Trichy District.
4.The Commissioner/
The Block Development Officer,
Thiruverumbur,
Trichy District.
... Respondents
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W.A.(MD)No.1429 of 2021
PRAYER: Appeal under Clause 15 of the Letters Patent, to set aside the
order passed in W.P.(MD).No.5985 of 2017 dated 11.03.2021.
For Appellant : Mr.R.Lakshmanan
For Respondents : Mr.A.K.Manikkam
Standing Counsel
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.R.Lakshmanan, learned counsel appearing for the
appellant and Mr.A.K.Manikkam, learned Standing sCounsel appearing for
the respondents.
2. The appellant filed W.P(MD).No.5985 of 2017 to direct the
respondents to fix seniority by taking into account of his SSLC as eligible
qualification for the promotion and to give notional promotions. The writ
petition has been dismissed on two grounds.
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W.A.(MD)No.1429 of 2021
3. Firstly, on the ground of delay and laches as the appellant had
retired from service in the year 2010 and after seven years of retirement, he
approached the Writ Court. The second reason being that the appellant, in
his affidavit, has stated that the earlier representation was rejected by the
respondents.
4. The learned counsel appearing for the appellant submitted that the
representation given by him was forwarded by the fourth respondent to the
third respondent by communication dated 27.07.2009 in
Na.Ka.No.A/1510/09, but no written order of rejection has been passed and
in the affidavit, the appellant has stated that when he went to the office of
the fourth respondent, he was orally informed about rejection of his
representation. Further, it is submitted that the writ petition was admitted in
the year 2017 and was dismissed in the year 2021 on the ground of delay,
which has put the appellant to great prejudice.
5. We have heard the learned Government Counsel on the above
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W.A.(MD)No.1429 of 2021
submissions.
6. On perusing the material papers placed before us, we find that there
is no specific order rejecting the appellant's representation or request for
notionally fixing his seniority and granting benefits and the representation
given by the appellant had been forwarded by the fourth respondent to the
third respondent, namely, the District Collector, Trichy District. The third
respondent can inform the appellant as to whether the claim is feasible for
consideration or not. If it is not feasible of consideration, a speaking order
be passed, then the appellant to work out his remedies in accordance with
law.
7. Therefore, we are inclined to issue appropriate direction.
Accordingly, this Writ Appeal is allowed. The order passed in the writ
petition is set aside. The writ petition is disposed of by directing the
appellant to give a representation along with a copy of the earlier
representation and the communication sent by the fourth respondent to the
third respondent dated 27.09.2020 and on receipt of the representation, the
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W.A.(MD)No.1429 of 2021
third respondent shall call for appropriate remarks from the fourth
respondent and pass a speaking order and communicate the same to the
appellant.
8. This direction be complied with within a period of twelve weeks
from the date of receipt of a copy of this order. No costs.
(T.S.S.,J.) (S.A.I.,J.)
26.07.2021
Index : Yes/No
Internet : Yes/No
pkn
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.
To
1.The Secretary,
Rural Development and Panchayat Raj Department,
Secretariat,
Chennai.
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https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1429 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
2.The Commissioner,
Rural Development and Panchayat Raj Department,
Panagal Building,
Chennai-15.
3.The District Collector,
Trichy District.
4.The Commissioner/
The Block Development Officer,
Thiruverumbur, Trichy District.
W.A.(MD) No.1429 of 2021
26.07.2021
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https://www.mhc.tn.gov.in/judis/
