Madras High Court
Government Of Tamil Nadu vs M.Krishnan on 1 August, 2022
W.A.No.1756 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mrs. Justice V.BHAVANI SUBBAROYAN
W.A.No.1756 of 2022
& C.M.P.No.12764 of 2022
1.Government of Tamil Nadu,
Rep., by its Principal Secretary to Government,
Environment and Forest Department,
Fort St. George, Chennai-600 009.
2.The Principal Chief Conservator of Forests,
Head of Forest Force,
No.1, Genies Road, Panagal Maligai,
Saidapet, Chennai-15.
3.The District Forest Officer,
Interfaced Forest Division(IFF),
Krishnagiri, Krishnagiri District. .. Appellants
Vs.
1.M.Krishnan
2.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Anna Salai, Teynampet, Chennai-18. .. Respondents
Appeal preferred under Clause 15 of Letters Patent against the
order dated 19.01.2016 made in W.P.No.39393 of 2015.
For Appellant : Mr.S.Silambanan,
Additional Advocate General
assisted by
Mr.Stalin Abimanyu,
Additional Government Pleader
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W.A.No.1756 of 2022
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
1. Challenge in this appeal is made to the order dated
19.01.2016 recorded on W.P.No.39393 of 2015. This appeal is by the
state authorities.
2. There was inordinate and less explained delay of 2259
days in filing this appeal. By a separate order today, while hearing the
said delay condonation petition, we have taken up this appeal for
hearing on merits.
3. Learned Additional Advocate General for the appellant –
State Authorities has submitted that the writ petitioner was not
entitled to any relief and the order passed by the learned single Judge
needs to be interfered with. It is submitted that this appeal be
entertained.
4. Having heard learned Additional Advocate General for the
appellant – State Authorities and having considered the material on
record, more particularly, the finding recorded by learned single
Judge, we find that it is not in dispute that the writ petitioner was in
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W.A.No.1756 of 2022
employment for the period from 1986 to 2009. After his retirement,
he is not paid his terminal dues, including pension. A poor man
waited for years and then approached this Court. Learned single
Judge has exercised his power under Article 226 of the Constitution of
India and granted that relief, which the writ petitioner, according to
us, was entitled to. Not regularising the service of the writ petitioner
for decades, which itself would speak about arbitrary exercise of
power, can not be permitted to be taken as a ground to deny the
relief to him. We do not consider grant of relief to the writ petitioner
by the learned single Judge, in this back ground, to be erroneous
much less any error apparent on face of record. Invoking powers
under Clause 15 of the Letters Patent, in this background would not
be proper. This appeal is therefore needs to be dismissed.
5. For the above reasons, this appeal is dismissed. No costs.
Connected miscellaneous petition would not survive.
(P.U., J) (V.B.S., J)
01.08.2022
Index:No
raa/2
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W.A.No.1756 of 2022
To
1.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Anna Salai, Teynampet, Chennai-18.
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W.A.No.1756 of 2022
PARESH UPADHYAY, J.
and
V.BHAVANI SUBBAROYAN, J.
raa
W.A.No.1756 of 2022
01.08.2022
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