Petitioner challenged an 2001 dismissal order via a 2009 writ petition seeking reinstatement. The Court dismissed the petition due to an 8-year unexplained delay, refusing to entertain the matter.
The writ petition is dismissed with no direction for reinstatement or back wages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.22293 of 2009
E.Radha Bai .. Petitioner
-vs-
1.State of Tamil Nadu, represented by its Director of Medical Education, Poonamallee High Road, Chennai-600 010.
2.The Dean/Superintendent, Government Royapettah Hospital, Royapettah, Chennai-600 014. .. Respondents
Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the records relating to letter dated 16.03.2001 made in Na.Ka.No. 10198/N6/2000 issued by the second respondent to the petitioner and quash the same, consequently directing the respondent to consider the representation of the petitioner dated 19.09.2009 sent to the second respondent and re-instate the petitioner for service with all back wages and benefits.
For Petitioner : Mr.V.Sivalingam for M/s.Siva Associates
For Respondents : Mr.K.Ravikumar, Additional Government Pleader
ORDER
The writ petition has been filed challenging the letter dated 16.03.2001 made in Na.Ka.No. 10198/N6/2000 issued by the second respondent to the petitioner and seeking a direction to the respondent to consider the representation of the petitioner dated 19.09.2009 sent to the second respondent and re-instate the petitioner for service with all back wages and benefits.
2.The writ petition cannot be entertained since there has been a huge and unexplained delay of eight long years from the date of dismissal order dated 16.03.2001. When the petitioner was dismissed from service by order dated 16.03.2001, he cannot come to this Court with a delay of eight long years in the year 2009, challenging the same. Accordingly, the writ petition is dismissed. No costs.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
vga
To
1.The Director of Medical Education,
State of Tamil Nadu,
Poonamallee High Road,
Chennai-600 010.
2.The Dean/Superintendent,
Government Royapettah Hospital,
Royapettah, Chennai-600 014.
+1 cc to M/s.Siva Associates, Advocate SR.No.19411
+1 cc to The Government Pleader, SR.No.19978
W.P.No.22293 of 2009
RSV(CO)
CSL/01.04.2019
2 issues framed by the court
Whether the writ petition challenging the dismissal order from 2001 filed in 2009 can be entertained due to delay.
Whether the petitioner should be directed to re-instate the petitioner for service with back wages.
1 provisions across 1 enactments
E. Radha Bai
State of Tamil Nadu
_The Dean/Superintendent, Government Royapettah Hospital_
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
