Madras High Court
R.Srinivasan vs The Chairman on 16 June, 2022
W.A.No.1666 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mrs. Justice V. BHAVANI SUBBAROYAN
W.A.No.1666 of 2021
R.Srinivasan .. Appellant
Vs
1.The Chairman,
Tamil Nadu Electricity Board,
10th Floor, Eastern Wing,
New No.144, Old No.800,
Anna Salai, Chennai – 600 002.
2.The Chief Engineer / Personnel,
Tamil Nadu Electricity Board,
8th Floor, Eastern Wing,
New No.144, Old No.800,
Anna Salai, Chennai – 600 002.
3.The Senior Personnel Officer,
Recruitment,
Tamil Nadu Electricity Board,
8th Floor, Eastern Wing,
New No.144, Old No.800,
Anna Salai, Chennai – 600 002. .. Respondents
Appeal preferred under Clause 15 of Letters Patent against the
order dated 07.06.2019 made in W.P.No.28512 of 2013.
Page 1 of 5
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W.A.No.1666 of 2021
For Appellant : Ms.K.R.Ananda Gomathy
For Respondents : Mr.P.Subramaniam
Standing Counsel
JUDGMENT
(Made by PARESH UPADHYAY, J.)
1. Challenge in this appeal is made to the order dated
07.06.2019 recorded on W.P.No.28512 of 2013. This appeal is by the
unsuccessful writ petitioner.
2. Learned advocate for the appellant has attempted to make
his submissions on merits as to the petitioner ought to have been
granted benefit of promotion in the year 1982 instead of 1987 and
ought to have been paid consequential benefits. It is submitted that,
denial of the relief by learned Single Judge is erroneous and therefore
this appeal be entertained.
3. On the other hand, Mr.P.Subramaniam, learned Standing
Counsel for the respondent authorities has submitted that not only the
petitioner was not entitled to any relief on merits, there was inordinate
and unexplained delay on his part which is taken note of by learned
Single Judge and on that count also the writ petition is dismissed. It is
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W.A.No.1666 of 2021
submitted that, the reasons recorded by learned Single Judge in the
order under challenge are self explanatory and therefore no
interference be made by this Court. It is submitted that this appeal be
dismissed.
4. Having heard learned advocates for the respective parties
and having considered the material on record, this Court finds as
under:
4.1 The writ petition was filed in the year 2013. The writ
petitioner had retired on attaining the age of superannuation in the
year 2003. He wanted certain benefits, perceived to be available to
him in the year 1982. Learned Single Judge has found that, the claim
of the petitioner was not sustainable on merits. We have considered
those reasons. We do not find any error therein. There is one more
glaring aspect, which would disentitle the petitioner from any relief
from this Court in exercise of powers under Article 226 of the
Constitution of India.
4.2 The petitioner had joined the service in the decade of
1960s. He raised some dispute with regard to his seniority, which will
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W.A.No.1666 of 2021
have consequential effect in the year 1982. This was sought to be
agitated ten years after the superannuation retirement. The dismissal
of writ petition inter-alia on the ground of delay and laches on the part
of the writ petition is also relevant in the facts of this case. We find
that, in totality, the order of learned Single Judge need not be
interfered with.
5. For the reasons recorded above, this appeal is dismissed.
No costs.
(P.U., J) (V.B.S., J)
16.06.2022
Index:No
ssm/25
To:
1.The Chairman,
Tamil Nadu Electricity Board,
10th Floor, Eastern Wing, New No.144, Old No.800,
Anna Salai, Chennai – 600 002.
2.The Chief Engineer / Personnel,
Tamil Nadu Electricity Board,
8th Floor, Eastern Wing, New No.144, Old No.800,
Anna Salai, Chennai – 600 002.
3.The Senior Personnel Officer,
Recruitment, Tamil Nadu Electricity Board,
8th Floor, Eastern Wing,
New No.144, Old No.800,
Anna Salai, Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
W.A.No.1666 of 2021
PARESH UPADHYAY, J.
and
V. BHAVANI SUBBAROYAN, J.
ssm
W.A.No.1666 of 2021
16.06.2022
https://www.mhc.tn.gov.in/judis
