M.Rajagopalan vs The Secretary To Government
2024 Latest Caselaw 638 Mad

Madras High Court

M.Rajagopalan vs The Secretary To Government on 9 January, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                             W.A.(MD).No.1404 of 2015

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 09.01.2024

                                                        CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                     AND
                                     THE HON'BLE MR.JUSTICE C.KUMARAPPAN

                                             W.A.(MD).No.1404 of 2015

                     M.Rajagopalan                                   .. Appellant/Petitioner

                                                           Vs.
                     1.The Secretary to Government,
                       Education Department,
                       Fort St.George,
                       Chennai – 600 009.

                     2.The Director of Higher Secondary Education,
                       Nungambakakkam,
                       Chennai – 600 006.

                     3.The Chief Educational Officer,
                       Madurai District,
                       Madurai.

                     4.The District Educational Officer,
                       Madurai District,
                       Madurai.

                     5.The Secretary,
                       Thiagarajar Model Higher Secondary School ,
                       Theppakulam,
                       Madurai – 625 009.                       .. Respondents/Respondents

                     Page 1 of 5




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                                                                                   W.A.(MD).No.1404 of 2015




                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
                     set aside the order dated 15.10.2015 made in W.P.(MD).No.18849 of 2015.

                                        For Appellant      : Mr.V.Muthukamatchi

                                        For R-1 to R-4     : Mr.D.Sadiq Raja
                                                             Additional Government Pleader

                                        For R-5            : Mr.M.Jerin Mathew

                                                          JUDGMENT

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The intra-Court appeal has been filed against the order passed by the

learned Single Judge in W.P.(MD).No.18849 of 2015 dated 15.10.2015.

2. The prayer sought for in the Writ Petition is to re-fix the annual

increment date from 01.07.1975 to 01.04.1975 so that the appellant/writ

petitioner can get the advantage of the 6th Pay Commission, which came into

effect from 01.06.2009. The Writ Petition was dismissed by the learned

Single Judge on the ground of latches. Adding to this, the appellant herein

is now no more. The prayer of the appellant/writ petitioner to re-fix his date

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of annual increment emanated after 15 years of entering into service.

Though it was not considered, he had not approached the Court immediately

and he took another 25 years to approach the Court. Therefore, the learned

Single Judge has rightly dismissed the Writ Petition. At this length of time,

this Court is of the considered view that the Writ Appeal is liable to be

dismissed.

3. Accordingly, the Writ Appeal stands dismissed. There shall be no

order as to costs.

                                                                      (G.J.,J.) (C.K.,J.)
                                                                          09.01.2024
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
                     Lm

                     To

1.The Secretary to Government, Education Department, Fort St.George, Chennai – 600 009.

2.The Director of Higher Secondary Education, Nungambakakkam, Chennai – 600 006.

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3.The Chief Educational Officer, Madurai District, Madurai.

4.The District Educational Officer, Madurai District, Madurai.

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DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm

09.01.2024

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