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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
J. Radhakrishnan & Others - Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Govt., Chennai & Others - Respondent
W.P. Nos. 16208, 16209 of 2014
Decided On : 24-06-2022
Mandamus - Selection Grade and Special Grade - Delay in Seeking Relief
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondents to award selection grade and special grade with retrospective effect in the cadre of Fitter Grade-I (Time Keeper) and confer all consequential benefits.
Finding of the Court:
The court found that the petitioner had delayed seeking the relief, and after reaching the age of superannuation, chose to file the writ petition. The court held that the delay in pursuing the issues during the petitioner's service and the lack of vigilant pursuit of representations led to the dismissal of the petition.
Issues: The main issue was the delay in seeking the relief of selection grade and special grade, and whether the petitioner had diligently pursued the representations during the relevant time.
Ratio Decidendi: The court emphasized that issues of revision of scale of pay or benefits should be sought within a reasonable period of time when the petitioner was in service. The lack of vigilant and prudent pursuit of representations during service led to the dismissal of the petition.
Final Decision: The writ petition was found to be devoid of merits and was accordingly dismissed, with no costs imposed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to award Selection Grade in the scale of pay Rs.1320-30-1560-40-2040 from 01.06.1988 and Special Grade from 04.07.2000 in the scale of pay of Rs.5500-175-9000 in the cadre of Fitter Grade I (Time Keeper) and confer all the consequential benefits to the petitioner.)
1. The relief sought for in the present writ petition is to direct the respondents to award selection grade in the scale of pay of Rs.1320-30-1560-40-2040 from 01.06.1988 and special grade from 04.07.2000 in the scale of pay of Rs.5500-175-9000 in the cadre of Fitter Grade-I (Time Keeper) and confer all the consequential benefits.
2. The writ petitioner has joined as Last Grade Government Servant on 13.07.1976 in the 4th respondent Training School on consolidated pay. Thereafter, he was brought under the regular establishment and appointed as Time Keeper on 04.07.1980 in the time scale of pay. The petitioner was awarded selection grade in the cadre of Time Keeper in the year 1990, for which, selection grade in the revised scale of pay was granted as Rs.1320/-, being non-promotional post. The petitioner states that he was due for special grade from 04.07.2000. However, it was not awarded in the cadre of Time Keeper.
3. The learned counsel for the petitioner made a submission that the petitioner submitted several representations during the relevant point of time and the authorities also sent proposals for grant of selection grade and special grade with retrospective effect. However, the claim of the petitioner was not considered. Thus, he is constrained to move this writ petition.
4. This Court is of the considered opinion that even at the time of file of the writ petition, the petitioner was aged about 62 years and now he would be around 70 years. Admittedly, the petitioner had reached the age of superannuation and he was allowed to retire from service on 31.07.2010. The writ petition itself was filed after a lapse of 4 years from the date of his retirement.
5. The claim set out in the writ petition is for grant of selection grade from the year 1990 and special grade from the year 2000. There was an enormous delay in pursuing the issues by the petitioner when he was in service. Now, after a lapse of several years and more so, after attaining the age of superannuation, the petitioner has chosen to file this writ petition. Such issues of revision of scale of pay or benefit of selection grade and special grade are to be sought for within a reasonable period of time when the petitioner was in service. Though the petitioner made a representation, he has not pursued the same vigilantly and prudently and therefore, after a lapse of several years, Court cannot grant the relief sought for, as the petitioner had slept over his right during the relevant point of time.
6. Thus, the writ petition is devoid of merits and it is accordingly dismissed. No costs.
The main legal point established is that relief such as selection grade and special grade should be sought within a reasonable period of time, and lack of diligent pursuit of representations during s....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
The court's decision emphasized the principle that a petitioner cannot refer to a government order for the purpose of further revision of pension or other benefits after a significant lapse of time a....
The petitioner's claim for selection grade benefit and incorrect pensionary benefits was not justified based on the established legal principles of equality before the law.
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
The main legal point established is the inapplicability of G.O.Ms.No.216 to the petitioner due to delay and laches, and the determination that the petitioner, working in a private aided school, was o....
The concept of granting selection grade and special grade should not be tampered with and that teachers are either eligible for promotion or for Selection/Special Grade, not both.
Statutory authorities have a duty to consider representations made to them, and non-consideration amounts to dereliction of duty.
The main legal point established in the judgment is the eligibility for the revised scale of pay as per the Government letter dated 08.11.2010 based on the date of award of Selection Grade.
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