WP No.35325 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01-11-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.35325 of 2016
M.Malliga .. Petitioner
vs.
1.The Secretary to Government,
Adi Dravidar Welfare and Tribal Department,
Fort St. George,
Chennai - 600 009.
2.The Director of Adi Dravidar Welfare and Tribal Department,
Ezhilagam,
Chepauk,
Chennai - 600 005.
3.The District Adi Dravidar Welfare and Tribal Officer,
Thiruvallur – 602 001.
4.The Special Thasildhar,
Adi Dravidar Welfare Office,
Thiruvallur – 602 001. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents
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to extend the benefit of the G.O.Ms.No.234, School Education (G2)
Department, dated 10.09.2009 in so far as the petitioner is concerned and
accordingly to award Selection / Special Grade Scale of Pay in the post of
Primary School Headmaster by taking into account of her service prior to
01.06.1988 in the light of the Hon'ble Division Bench of this Court passed
orders in WA Nos.815, 1531, 1691 to 1693, 1165 of 2010 dated
07.07.2011.
For Petitioner : Mr.K.R.Gunashekar
For Respondents : Mr.M.Muthusamy,
Government Advocate.
ORDER
The issues raised in the present writ petition regarding the
Government Order passed in G.O.Ms.No.234, School Education (G2)
Department dated 10.09.2009, is no more res integra. The Division Bench of
this Court passed an order on 25.06.2018 in W.A.Nos.429 to 438 of 2018,
which reads as under:
“4. We have also heard the learned Government Advocate appearing for the respondents and perused the order the learned Single Judge in the light of the judgment of the
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Supreme Court in State of UP vs. Arvind Kumar Srivastava ((2015) 1 SCC 347), wherein it has been held as under:~ “Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them.
They would be treated as fencesitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.”
5. In the instant case, some people, who felt aggrieved by the G.O., have filed the Original Application in the year 1993 before the Tamil Nadu Administrative Tribunal and the same was allowed. Thereafter, it appears that these petitioners approached this court after lapse of 25
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years and hence, the ratio laid down by this court for extending similar benefits to the similarly placed persons is hit by laches and the view taken by the Division Bench in W.A.No.312 to 318 of 2011. The order passed by the learned Single Judge does not warrant any modification as it does not suffer from any illegality or infirmity. In that view of the matter, all the above writ appeals are dismissed. No costs. The connected miscellaneous petitions are closed.“
2. The judgment of the Division Bench was taken by way of an
appeal before the Hon-ble Supreme Court of India in SLP (Civil) Diary
No.5529 of 2019, which was dismissed. Consequently, the present writ
petition also stands dismissed. However, there shall be no order as to costs.
01-11-2022 Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order. Svn
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To
1.The Secretary to Government, Adi Dravidar Welfare and Tribal Department, Fort St. George, Chennai - 600 009.
2.The Director of Adi Dravidar Welfare and Tribal Department, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Adi Dravidar Welfare and Tribal Officer, Thiruvallur – 602 001.
4.The Special Thasildhar, Adi Dravidar Welfare Office, Thiruvallur – 602 001.
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S.M.SUBRAMANIAM, J.
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