BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025 CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN C.M.P.(MD) No.14447 of 2025 in W.A.(MD) SR No.72158 of 2025 and W.A.(MD) SR No.72158 of 2025

1.The State of Tamil Nadu rep.by its Principal Secretary to Government School Education Department Fort.St.George, Secretariat Chennai-600 009

2.The Director of School Education DPI Campus, Nungampakkam College Road, Chennai-6

3.The Chief Educational Officer Office of the Chief Educational Office Tenkasi District, Tenkasi

4.The District Educational Officer (Secondary)

Office of the District Educational Office Tenkasi, Tenkasi District ... Petitioners -vs-

Thiru.Si.Ba.Athithanar Girls High School rep.by through its Secretary Rayagiri Village Sivagiri Taluk Tenkasi District ... Respondent PRAYER (in C.M.P.(MD) No.14447 of 2025): Petition filed under Section 5 of the Limitation Act to condone the delay of 246 days in filing the above appeal as against the order, dated 22.11.2024, passed by this Court in W.P.(MD) No.

24692 of 2024.

PRAYER (in W.A.(MD) SR No.72158 of 2025): Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by this Court, dated

22.11.2024 in W.P.(MD) No.24692 of 2024.

For Petitioners : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.H.Mohamed Zamil for M/s.Ajmal Associates

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

This civil miscellaneous petition is filed seeking to condone the delay of 246 days in filing the above writ appeal as against the order, dated 22.11.2024, passed by the learned Single Judge in W.P.(MD) No.24692 of

2024.

2. Learned Additional Government Pleader appearing for the petitioners / State would submit that due to administrative delay and misplace of the case bundle, the delay of 246 days has caused in filing the writ appeal.

3. However, a detailed counter affidavit has been filed by the respondent / writ petitioner stating that the Government having suffered the order of the learned Single Judge had failed to implement the order and therefore, a contempt petition in Cont.P.(MD) No.2040 of 2025 was filed by the respondent / writ petitioner for the disobedience of the order passed by the learned Single Judge. After receiving statutory notice in the said contempt petition, the State has invented reasons for the delay and filed the appeal with a delay of 246 days. It is further stated that since the matter pertains to the livelihood of the employee under the petitioner – Institution, the manner in which the appeal has been filed by them with delay should not be entertained. In support of the said contention, learned counsel appearing for the respondent / writ petitioner has also relied upon the decision of the Honourable Supreme Court in Postmaster General and others vs. Living Media India Limited and another, reported in (2012) 3 SCC 563, wherein, it has been held as follows:

“28. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government.

29. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under