Madras High Court
S.Devarajan vs Union Of India Represented By on 27 July, 2021
W.A.(MD).No.330 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
Writ Appeal (MD).No.330 of 2021
S.Devarajan ... Appellant/Petitioner
Vs.
1. Union of India represented by
The Commissioner of Central Excise
and Customs,
Tiruchirappalli.
2. Assistant Commissioner of Central Excise,
Madurai.
3. The Pay and Account Officer,
Central Excise and Customs,
Tiruchirappalli.
4. The Pay and Account Officer,
Central Excise and Customs,
Madurai. ... Respondents/Respondents
1/8
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W.A.(MD).No.330 of 2021
Prayer: Writ Appeal is filed under Clause 15 of Letters Patent against the order
passed by this Court in W.P.(MD).No.4696 of 2014, dated 03.11.2020.
For Appellants : Mr.R.Suriyanarayanan
For Respondents : Mr.S.Ragaventhre for R1 to R4
JUDGMENT
(Judgment of the Court was delivered by T.S.SIVAGNANAM,J.)
This writ appeal filed by the writ petitioner in W.P(MD).No.4696 of 2014
is aggrieved by the order dated 03.11.2020, by which, the writ petition was
dismissed on the ground of delay and laches, without going into the merits of the
claim made by the appellant.
2. We have elaborately heard Mr.R.Suriyanarayanan, learned counsel
appearing for the appellant and Ms.S.Ragaventhre, learned Central Government
Standing Counsel appearing for the respondents 1 to 4.
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W.A.(MD).No.330 of 2021
3. Since the learned Writ Court did not go into the merits of the matter, we
only examine as to whether the writ petition could have been dismissed on the
ground of delay and laches and going through the material papers placed before
us and after hearing elaborate submissions on either side, we are fully convinced
that the writ petition could not have been dismissed on the ground of delay and
laches.
4. We substantiate the conclusion with the following reasons:
One Mr.P.Manickam, who was working as Superintendent of Central
Excise, Thiruvarur Range, filed O.A.No.415 of 2005, before the Central
Administrative Tribunal (in short "the Tribunal"), to set aside the proceedings
dated 04.05.2005 passed by the fourth respondent herein and to direct the
respondents to pay the salary fixed by the second respondent in his order dated
06.02.2005 along with the arrears thereon. The original application was allowed
by order dated 03.05.2006 holding that the case of the said applicant has to be
considered under para 2(b)(i) of the office memorandum dated 14.05.1987. The
respondent-Department challenged the said order by filing W.P(MD).No.25216 of
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W.A.(MD).No.330 of 2021
2007, before the Principal Bench of this Court. The said writ petition was
dismissed by order dated 16.07.2009. Thus, insofar as the case of Mr.P.Manickam
is concerned, the matter attained finality and we are informed by the learned
counsel appearing for the appellant that benefits have been granted to him.
Thereafter, the appellant submitted a representation on 31.08.2009 to the
respondents seeking similar benefit. The representation was not considered.
Therefore, the appellant filed W.P(MD).No.9688 of 2014 praying for a direction
to re-fix his pay as per the order dated 02.02.1996 and to refund the amount of
Rs.29,850/-, which was recovered from the appellant and also to pay arrears of
increment from 01.02.1999 to 31.10.2001, which was quantified at Rs.15,000/-
and to pay revised pension from 01.11.2001 by extending the benefit of the order
dated 03.05.2006 passed in O.A.No.415 of 2005, which was upheld in W.P.No.
25216 of 2007. The said writ petition was disposed of by order dated 24.01.2014
by directing that the representation given by the appellant dated 31.08.2009 to be
considered. Pursuant to such direction, the representation was disposed of by
order dated 06.03.2014. This order was impugned in W.P(MD).No.4696 of 2014.
The writ petition was heard by the learned Writ Court during November, 2020
and the Court held that the claim made by the appellant is hopelessly barred by
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W.A.(MD).No.330 of 2021
the delay and laches.
5. The dates and events mentioned above clearly shows that there is no
delay in approaching the learned Writ Court. However, the larger question would
be whether the appellant can seek for the relief granted to Mr.P.Manickam by
filing a representation in the year 2009 and whether he could have filed a writ
petition to consider his representation and whether the order dated 06.03.2014
could have been challenged in a writ petition without approaching the Central
Administrative Tribunal.
6. These issues have to be considered in the writ petition and since the writ
petition was dismissed only on the ground of delay and laches, we are of the view
that the writ petition should be heard afresh and a decision should be arrived at on
merits.
7. For the above reasons alone, this Writ Appeal is allowed and the order
passed in the writ petition is set aside and the writ petition is restored to the file of
the learned Single Bench of this Court, with liberty to the respondents to file
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W.A.(MD).No.330 of 2021
additional counter-affidavit, if they so desired. Since the writ petition is of the
year 2014, the Registry is directed to list the writ petition before the concerned
Court, during second week of August 2021. No costs.
[T.S.S.,J.] & [S.A.I.,J.]
27.07.2021
Index: Yes/No
Internet: Yes/No
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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.330 of 2021
To:
1. The Commissioner of Central Excise
and Customs,
Union of India
Tiruchirappalli.
2. Assistant Commissioner of Central Excise,
Madurai.
3. The Pay and Account Officer,
Central Excise and Customs,
Tiruchirappalli.
4. The Pay and Account Officer,
Central Excise and Customs,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.330 of 2021
T.S.SIVAGNANAM,J.
and
S.ANANTHI.J.
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Writ Appeal (MD).No.330 of 2021
27.07.2021
https://www.mhc.tn.gov.in/judis/
