The Madurai Bench allowed the condonation of a 991-day delay in filing a writ appeal regarding police upgradation and pension benefits, subject to payment of Rs.500 to the Mediation Centre within two weeks.
Condonation of delay of 991 days and order made subject to payment of Rs.500 to the Mediation Centre.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Seventh day of June Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice T.S.SIVAGNANAM
and
The Hon`ble Mr.Justice P.VELMURUGAN
CMP(MD) No.4512 of 2017 IN
WA(MD) No.SR47882 of 2013
5 THE ACCOUNTANT GENERAL
(ACCOUNTS & ENTITLEMENTS), PENSION SECTION-15,
361 ANNA SALAI, CHENNAI-600 018 ... PETITIONERS/APPELLANTS
Vs
P.RAJU (RETIRED HC 692) ... RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 991 days in representing the above W.A.SR. (MD) No.47882 of 2013 and thus render justice.
PRAYER IN WA(MD) No.SR47882 of 2013:Writ Appeal against the order of this Court dated 26.02.2013 and made in WP(MD).No.15785/2012.
Prayer in WP(MD). 15785/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying for a writ of Certiorarified Mandamus, calling for the records on the file of the 3rd respondent in connection with the impugned order of rejection of upgradation passed in Na.Ka.No.A1/1354/6558/2011-05 dated 01.08.2011 and the consequential order passed by the 4th respondent in Na.Ka.No. https://hcservices.ecourts.gov.in/hcservices/ A2/3008/2011 dated 07.07.2011 and quash the same and consequently direct the respondents to revise the pension and other retirement
benefits by advancing the upgradation as Grade I Police Constable / Head Constable on completion of 10/5 years and upgrade as Special Sub Inspector of Police on completion of 25 years of service and also upgrade to the higher posts notionally in the light of Government Orders and order made in W.P.Nos.11544 to 11550 of 2012, dated:28.06.2012 on the file of the Hon'ble Principal Seat at Madras, which were extended to petitioner's juniors within the time limit.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.R.Shanmuganathan, Special Government Pleader, for the petitioners the court made the following order:-
This petition seeking to condone the delay of 991 days in re-presenting appeal is allowed and the delay is condoned, on condition that the petitioners shall pay a sum of Rs.500/- to the Mediation and Conciliation Centre, attached to this Bench, within a period of two weeks from today. It is made clear that if the cost is not paid by the petitioners within the time stipulated in this order, the present Miscellaneous Petition shall stand dismissed automatically without any further reference to this Court.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
3 THE DEPUTY INSPECTOR GENERAL OF POLICE, https://hcservices.ecourts.gov.in/hcservices/ TIRUNELVELI RANGE TIRUNELVELI
4 THE SUPERINTENDENT OF POLICE THOOTHUKUDI DISTRICT, THOOTHUKUDI
5 THE ACCOUNTANT GENERAL
(ACCOUNTS & ENTITLEMENTS), PENSION SECTION-15, 361 ANNA SALAI, CHENNAI-600 018
Copy to:The Co-Ordinator Mediation and Conciliation Centre,
Madurai Bench of Madras High Court, Madurai
+1. C.C. to GOVT PLEADER Advocate SR.No.23588
sm:PM-PN:SAR 4:12.6.2017:3p/8c
2 issues framed by the court
Whether to condone the delay of 991 days in representing the Writ Appeal.
Whether to impose a condition to pay mediation costs for allowing the condonation.
1 provisions across 1 enactments
THE STATE OF TAMIL NADU
THE SECRETARY TO GOVERNMENT HOME DEPARTMENT
THE DIRECTOR GENERAL OF POLICE
THE DEPUTY INSPECTOR GENERAL OF POLICE
THE SUPERINTENDENT OF POLICE
THE ACCOUNTANT GENERAL
T.S.SIVAGNANAM
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
