The Director Of Medical Services vs A.Ponnan
2022 Latest Caselaw 9477 Mad

                                                                               W.A.No.1262 of 2022

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 06.06.2022

                                                            CORAM

                                         The Hon'ble Mr. Justice PARESH UPADHYAY
                                                             and
                                     The Hon'ble Mrs. Justice V. BHAVANI SUBBAROYAN

                                                   W.A.No.1262 of 2022
                                                and C.M.P. No.7965 of 2022

                     1.The Director of Medical Services,
                       Directorate of Medical Services,
                       Chennai – 6.

                     2.The Director,
                       Institute of Mental Health,
                       Medavakkam Tank Road,
                       Kilpauk, Chennai – 10.                                  ..Appellants

                                                             Vs


                     1.A.Ponnan
                     2.K.Pushparaj                                           .. Respondents


                                  Appeal preferred under Clause 15 of Letters Patent against the

                     order dated 16.08.2013 in W.P.No.7406 of 2007.


                                       For Appellants   :     Mr.V.Nanmaran,
                                                              Addl. Govt. Pleader

                                       For Respondents :      Mr.M.Stanley Chellappa




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.1262 of 2022

                                                          JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

Challenge in this appeal is made to the order dated 16.08.2013

recorded on W.P. No.7406 of 2007. This appeal is by the respondent /

State Authorities in the writ petition.

2. Learned single Judge has in exercise of his discretion under

Article 226 of the Constitution of India granted certain benefit to the

writ petitioner based on some similarly situated person.

3. Mr.V.Nanmaran, learned Additional Government Pleader has

submitted that the learned single Judge was in error while granting

relief to the writ petitioners since the posts on which the writ

petitioners were appointed were not sanctioned posts. It is submitted

that the order of learned single Judge be interfered with.

4. Having heard the learned Additional Government Pleader for

the appellants and having considered the material on record, we find

as under:

4.1 The matter is listed as a fresh matter today. The challenge is

to the order of learned single Judge dated 16.08.2013. About a decade

has passed by this time. Though technically delay might have been

https://www.mhc.tn.gov.in/judis W.A.No.1262 of 2022

condoned, fact remains that in intra-court appeal, in exercise of power

under Clause 15 of Letters Patent, the discretion exercised by learned

single Judge before about a decade, that too in favour of some poor

persons need not be interfered with.

4.2 There is an additional reason not to interfere in this matter.

The learned single Judge, on the basis of the material on record found

that the writ petitioners were working as sanitary workers and has

granted the benefit from the date on which they were otherwise

entitled to. We do not find any error in exercise of discretion by the

learned single Judge and further even if there was some scope, after

about a decade, the same could not be interfered with.

5. For the reasons recorded above, this writ appeal is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                            (P.U., J)    (V.B.S., J)
                                                                                  06.06.2022
                     Index:No
                     mmi/11







https://www.mhc.tn.gov.in/judis
                                            W.A.No.1262 of 2022

                                         PARESH UPADHYAY, J.
                                                        and
                                   V. BHAVANI SUBBAROYAN, J.

                                                          mmi




                                         W.A.No.1262 of 2022




                                                  06.06.2022







https://www.mhc.tn.gov.in/judis