Madras High Court
C.Mohan vs 4 The Principal Accountant on 17 June, 2022
W.P.No.16085 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.P.No.16085 of 2021
C.Mohan .. Petitioner
Vs
1 The Registrar General
High Court
Madras - 600 104.
2 The Principal District Judge
Salem.
4 The Principal Accountant
General (A&E), Tamil Nadu
No.361, Anna Salai
Chennai 600 018. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
praying for a writ of mandamus directing the second respondent to
dispose of the petitioner's representation dated 30.10.2019 within a
specified time.
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W.P.No.16085 of 2021
For the Petitioner : Mrs.S.Sasikala
For the Respondents : Mr.V.Vijayashankar
for Respondents 1 and 2
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The writ petition has been filed to seek a direction on the
respondents to dispose of the representation of the petitioner dated
30.10.2019 for grant of selection scale rather re-fix his pay scale
from the year 1981, as according to the petitioner he is in a lower
pay scale than the one to which the petitioner was entitled to.
Accordingly, a representation was made, which was not considered
and decided and hence the petitioner, left with no other option, has
filed this writ petition to seek appropriate direction for consideration
of the representation.
2. Learned counsel for the respondents 1 and 2 has raised an
objection on the maintainability of the writ petition on the ground
that the claim has been made after a lapse of around 40 years
without any explanation as to the delay. He would further submit
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W.P.No.16085 of 2021
that, while granting selection scale, to remove the stagnation, the
pay scale is generally given in the next promotional post. But, here
the claim of the petitioner is for the grant of scale of pay even
higher than the promotional post. The same would not be
maintainable on the ground that one employee was wrongly
extended the benefit.
3. Learned counsel for the respondents further submits that
the claim can be made based on the rights out of the orders,
circulars or rules etc., but it cannot be made based on any illegality
committed by the respondents in grant of benefits to one employee
going contrary to the Scheme. He contended that the illegality
cannot be ordered to perpetuated by the Court and therefore not
only on the ground of delay, but even on merits the writ petition
deserves to be dismissed.
4. Learned counsel for the respondents relies on the judgment
of this Court in a batch of writ petitions in W.P.Nos.5872 of 2021
etc., decided by the order dated 15.03.2022 to support his
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W.P.No.16085 of 2021
arguments, wherein similar claim made by the employees was
denied and the writ petitions were dismissed by this Court.
5. We have considered the rival submissions made by the
learned counsel on either side and have perused the records.
6. The prayer in the writ petition is to consider the
representation made by the petitioner on 30.10.2019 claiming
higher pay scale from the year 1981. The writ petition does not
contain the reason for delay, which may be fatal. In the absence of
an explanation to the delay, the writ petition suffers from laches.
Even if the delay is ignored, the petitioner cannot make a claim for
higher pay scale based on an illegal action of the respondents. This
Court cannot direct to perpetuate the illegality and otherwise the
claim of the higher pay scale while granting the benefit of selection
scale, the same cannot be higher to the pay scale of the
promotional post unless the guidelines or circulars or orders so
provide. In the instant case, the petitioner has failed to show any
material in the form of order or rule so as to make a claim for
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W.P.No.16085 of 2021
higher scale of pay than to the promotional post. It cannot be
claimed and granted only for the reason that one employee was
wrongly extended the benefit by giving higher pay scale than to
which he/she was entitled on grant of selection scale.
7. The issue involved in this writ petition is similar to the one
raised in a batch of writ petitions in W.P.Nos.5872 of 2021 etc.,. In
the said case, the entitlement of the petitioners therein was
discussed in detail and the writ petitions were dismissed by this
Court by order dated 15.03.2022, wherein the claim of the
petitioners was not accepted.
8. For all the above reasons, the writ petition fails and it is
accordingly dismissed. However, there shall be no order as to costs.
(M.N.B., CJ.) (N.M., J.)
17.06.2022
Index : Yes/No
KST
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W.P.No.16085 of 2021
1 The Registrar General
High Court, Madras - 600 104.
2 The Principal District Judge, Salem.
3 The Principal Accountant
General (A&E), Tamil Nadu
No.361, Anna Salai, Chennai 600 018.
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W.P.No.16085 of 2021
THE HON'BLE CHIEF JUSTICE
AND
N.MALA,J.
(kst)
W.P.No.16085 of 2021
17.06.2022
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