A police constable appointed belatedly after earlier litigation sought restoration of seniority on par with his batch mates via a 2020 representation. The Single Judge dismissed the writ petition for delay and laches; the Division Bench upheld that dismissal, noting the seniority list itself was never challenged.
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.
W.A.No.158 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.A.No.158 of 2022
V.Jayakumar ... Appellant/Petitioner
-vs-
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 06.10.2020 made in W.P.No.13983 of 2020 and allow the Writ Petition.
For Appellant : Mr.M.Gnanasekar
For Respondents : Mr.C.Kathiravan Spl. Govt. Pleader
J U D G M E N T
(By D.Krishnakumar,J.,)
This Writ Appeal has been filed, challenging the order of the learned Single
Judge dated 06.10.2020 made in W.P.No.13983 of 2020, by which the Writ Petition
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filed by the Writ Petitioner/Appellant herein, was dismissed on the ground of delay and laches.
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that though the seniority of similarly placed persons was restored by duly placing them on par with their batch mates, the appellant has been singled out and thus, there is a discrimination on the part of the respondents in not considering the case of the appellant for restoration of his seniority. Due to the fault of the respondents in not maintaining the correct seniority, the appellant has been made to suffer, thereby causing much hardship to him. Hence, it was pleaded that the order of the learned Single Judge, dismissing the Writ Petition on the ground of delay needs to be interfered with in the interest of justice.
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order will stand in the way of the respondents in considering the request of the
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appellant, if otherwise permissible under law and take an appropriate decision in respect
of restoration of the seniority of the appellant. No costs.
[D.K.K., J.,] [K.B., J] 04.06.2024
Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar
To:
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D.KRISHNAKUMAR,J., AND K.KUMARESH BABU,J.,
ar
W.A.No.158 of 2022
04.06.2024
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1 issue framed by the court
Whether the Division Bench should interfere with the Single Judge's dismissal of the writ petition on grounds of delay and laches in a claim for restoration of seniority.
V.Jayakumar
The Director General of Police (L&O), Chennai
The Commissioner of Police, Greater Chennai
D.Krishnakumar
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
