Transport corporation sought condonation of a 400-day delay in filing a writ appeal against an order in an employee's increment matter. The court allowed the petition, condoning the delay subject to payment of Rs.5,000 as cost, failing which the appeal would not be numbered.
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.
C.M.P.[MD]No.562 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Eleventh day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MR. JUSTICE M.S.RAMESH and
The HONOURABLE DR. JUSTICE A.D. MARIA CLETE
C.M.P.[MD]No.562 of 2024
in
W.A.[MD]No.SR.1318 of 2024
1 THE MANAGEMENT TAMILNADU STATE TRANSPORT CORPORATION(MADURAI)LTD., MADURAI DIVISION, REP.BY ITS MANAGING DIRECTOR, MADURAI.
2 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION, DINDIGUL.
3 THE ASSISTANT MANAGER (LEGAL) TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION, DINDIGUL. ... PETITIONERS/APPELLANTS
... PETITIONERS/APPELLANTS
Vs
MOOVENDRAN ... RESPONDENT/RESPONDENT
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C.M.P.[MD]No.562 of 2024
Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 400 days in filing this Writ Appeal and thus render justice.
PRAYER IN W.A.[MD]No.SR.1318 of 2024:
Pleased to set aside the order passed in WP(MD)No.22134 of 2015 dated 26.09.2022.
Prayer in WP(MD). 22134/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Reference: Sattam/W.P.(MD).No. 15816/2014 dated 29.09.2015 and confirming the order of the 2nd respondents proceedings in Ref:Sathu.A7/2672 dated 20.10.2012 and quash the same as illegal and consequently to direct the Respondents to pass appropriate order for the increment to the Petitioner.
ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.SC.HEROLD SINGH, Advocate for the petitioner and of Mr.K.SRIDHAR, Advocate on behalf of the Respondent, the court made the following order:-
[Order of the Court was made by M.S.RAMESH, J.]
Having been satisfied with the reasons stated in the accompanying affidavit filed in support of the petition, this petition is allowed and the delay is condoned on condition that the petitioner pays a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Account No.10767823177 [State Bank of India], towards District Siddha Medical Officer, CCRI, Periyakulam, within a period of two [2] weeks from today.
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C.M.P.[MD]No.562 of 2024
2.The Registry shall not number the Writ Appeal, if the receipt of the
payment of cost is not enclosed.
sd/11/12/2024
/ TRUE COPY /
/12/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MR
TO
1 THE MANAGING DIRECTOR,
MANAGEMENT
TAMILNADU STATE TRANSPORT CORPORATION(MADURAI)LTD., MADURAI DIVISION, MADURAI.
2 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION, DINDIGUL.
3 THE ASSISTANT MANAGER (LEGAL)
TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION, DINDIGUL.
COPY TO:
1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SECTION OFFICER, JUDICIAL SECTION, https://www.mhc.tn.gov.in/judis MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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C.M.P.[MD]No.562 of 2024
3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.
ORDER IN C.M.P.[MD]No.562 of 2024 in W.A.[MD]No.SR.1318 of 2024 Date :11/12/2024
SA/VR/SAR. /18.12.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Should the 400-day delay in filing the writ appeal be condoned?
The Management Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Division
The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region
The Assistant Manager (Legal), Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region
Moovendran
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
