Madras High Court
G.Jayaprakasam vs Government Of Tamil Nadu on 28 June, 2022
W.A.No.2421 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice A.D.JAGADISH CHANDIRA
W.A.No.2421 of 20221
G.Jayaprakasam ..Appellant
Vs
1.Government of Tamil Nadu,
Rep. By Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
2.The Director of Public Health and
Preventive Medicine,
Chennai – 600 006.
3.The Chief Water Analyst,
King Institute Campus,
Guindy, Chennai – 600 032. .. Respondents
Appeal preferred under Clause 15 of Letters Patent against the
order dated 08.07.2020 made in W.P.No.12316 of 2013.
For Appellant : No appearance
For Respondents : Mr.Stalin Abhimanyu
Additional Government Pleader
Page 1 of 5
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W.A.No.2421 of 2021
JUDGMENT
(Made by PARESH UPADHYAY, J.)
1. Challenge in this appeal is made to the order dated
08.07.2020 recorded on W.P.No.12316 of 2013. This appeal is by the
writ petitioner.
2. Learned advocate for the appellant / writ petitioner is not
present in any of two calls. It is noted that, normally in the event of
the counsel not remaining present, the petition / appeal can be
dismissed for default and is not taken up for hearing on merits,
however we note that, the appeal was listed earlier on number of
occasions and at no point of time, learned advocate for the appellant
has remained present. On some dates, absence is noted as well.
Reference in this regard is made to orders dated 17.06.2022 and
27.06.2022. Today also, learned advocate for the appellant is not
present in any of the two calls.
3. We have heard learned Additional Government Pleader and
we have also taken note of the facts recorded by learned Single Judge.
Prima facie reading thereof indicates that, the writ petitioner /
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W.A.No.2421 of 2021
appellant intends to keep the dispute pending before the Court live for
years. The same can not be permitted. For that reason, the matter is
considered on merits.
4. This appeal is filed against the order recorded on the writ
petition, which was filed in the year 2013. The relief sought in the
petition filed in the year 2013, was pertaining to fixation of pay
ordered in the year 1996 pertaining to the year 1993. The said pay
fixation was not questioned for more than one and half decade. It is
only in the year 2013 writ petition was filed. To make that petition to
appear within limitation, some where in the year 2008, innocuous
looking petition was filed praying relief that the State be directed to
decide representation. That petition was allowed. Considering that
representation, the State passed an order that the pay fixation which
was done in the year 1996 was just and proper and request of the
petitioner for modification therein, was already rejected at the relevant
time.
5. Learned Single Judge has taken the above factual aspects
into consideration and has also examined, whether on merits the claim
of the petitioner was justified or not. Learned Single Judge, on
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W.A.No.2421 of 2021
appreciation of the material on record, arrived at the conclusion that,
there was no error in the pay fixation as on 01.07.1993 vide order
dated 30.09.1996. We find that, rejection of writ petition by learned
Single Judge, in this background can not be said to be an error which
may call for any interference in this intra-court appeal. Further, in this
factual background, less motivation on the part of the appellant to
proceed with the matter is also a factor, which would dis-entitle him
from claiming any discretionary relief. This appeal therefore needs to
be dismissed.
6. For the above reasons, this appeal is dismissed. No costs.
(P.U., J) (A.D.J.C., J)
28.06.2022
Index:No
ssm/58
To :-
1.The Principal Secretary to Government,
Government of Tamil Nadu,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
2.The Director of Public Health and
Preventive Medicine,Chennai – 600 006.
3.The Chief Water Analyst,
King Institute Campus,
Guindy, Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
W.A.No.2421 of 2021
PARESH UPADHYAY, J.
and
A.D.JAGADISH CHANDIRA, J.
ssm
W.A.No.2421 of 2021
28.06.2022
https://www.mhc.tn.gov.in/judis
