Madras High Court
S. Mohan vs The State Represented By on 24 March, 2022
W.A. No. 691 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2022
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No. 691 of 2022
S. Mohan ..Appellant
Vs.
1. The State represented by
The Principal Secretary,
Department of Public Health
and Family Welfare,
Fort St. George, Secretariat,
Chennai – 600009.
2. The Director of Public Health and
Preventive Medicines,
DMS Complex, Teynampet,
Chennai.
3. The Deputy Director of Medical Services,
Nagapattinam, Nagapattinam District.
4. The Deputy Director of Medical Services,
Aranthangi, Pudukottai District. ..Respondents
Prayer: Writ Appeal as against the order dated 20.12.2021 passed in
W.P. No. 27205 of 2021.
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W.A. No. 691 of 2022
For Appellant :: Mr.C. Sivakumar
For Respondents :: Mr.Abhishek Murthy,
Govt. Advocate
JUDGMENT
S. VAIDYANATHAN,J. AND MOHAMMED SHAFFIQ,J.
Aggrieved by the order dated 20.12.2021 passed in W.P. No. 27205
of 2021, the present writ appeal has been preferred.
2. The appellant had filed the writ petition for issue of a Writ of
Mandamus to direct the respondents herein to revise the seniority of the
appellant/writ petitioner and place him ahead of all the candidates appointed
in pursuance of the interview conducted on 01.06.1998 by the 3rd respondent
for the post of Pharmacist and consequently, direct the respondents to grant
all service and monetary benefits.The learned Single Judge, finding that the
cause of action for the relief sought in the writ petition had arisen way back
in the year 1998 while the writ petition was filed in 2021, after a lapse of
more than two decades, dismissed the writ petition stating that it is
hopelessly time-barred and hit by laches.
3. Heard the learned counsel on either side.
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W.A. No. 691 of 2022
4. The seniority list pertaining to the year 1998 is the subject
matter of this writ appeal. The learned Single Judge has rightly come to the
conclusion that the seniority list of the year 1998 cannot be disturbed after a
period of more than 2 decades. Once the seniority list has been allowed to
operate, the Courts cannot unsettle settled position of seniority after a lapse
of more than 20 years. Hence, we are of the view that the order of the
learned Single Judge dismissing the writ petition on the ground that the
claim of seniority made by the appellant/writ petitioner, said to have been
wrongly fixed in 1998, is time-barred and hit by laches is sustainable. The
S. VAIDYANATHAN,J.
AND
MOHAMMED SHAFFIQ,J.
nv
writ appeal stands accordingly dismissed as a stale claim cannot be
entertained. No costs.
(S.V.N.J.) (M.S.Q.J.)
nv 24.03.2022
To
1. The Principal Secretary,
Department of Public Health
and Family Welfare,
Fort St. George, Secretariat,
Chennai – 600009.
W.A. No. 691 of 2022
https://www.mhc.tn.gov.in/judis The Director of Public Health and
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W.A. No. 691 of 2022
Preventive Medicines,
DMS Complex, Teynampet,
Chennai.
3. The Deputy Director of Medical Services,
Nagapattinam, Nagapattinam District.
4. The Deputy Director of Medical Services,
Aranthangi, Pudukottai District.
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