The Single Judge Bench dismissed a Writ Appeal filed against a Single Judge order rejecting a request to re-fix the annual increment date to benefit from the 6th Pay Commission. The Court held that the appellant's death and the extreme delay of over 25 years justified dismissal.
The Writ Appeal stands dismissed. No order as to costs.
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.(MD).No.1404 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
W.A.(MD).No.1404 of 2015
M.Rajagopalan .. Appellant/Petitioner
Vs.
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W.A.(MD).No.1404 of 2015
PRAYER:
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 15.10.2015 made in W.P.(MD).No.18849 of 2015.
For Appellant : Mr.V.Muthukamatchi
For R-1 to R-4 : Mr.D.Sadiq Raja Additional Government Pleader For R-5 : Mr.M.Jerin Mathew
JUDGMENT
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
The intra-Court appeal has been filed against the order passed by the learned Single Judge in W.P.(MD).No.18849 of 2015 dated 15.10.2015.
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W.A.(MD).No.1404 of 2015
of annual increment emanated after 15 years of entering into service. Though it was not considered, he had not approached the Court immediately and he took another 25 years to approach the Court. Therefore, the learned Single Judge has rightly dismissed the Writ Petition. At this length of time, this Court is of the considered view that the Writ Appeal is liable to be dismissed.
(G.J.,J.) (C.K.,J.) 09.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Secretary to Government, Education Department, Fort St.George, Chennai – 600 009.
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W.A.(MD).No.1404 of 2015
3.The Chief Educational Officer, Madurai District, Madurai.
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W.A.(MD).No.1404 of 2015
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
W.A.(MD).No.1404 of 2015
09.01.2024
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2 issues framed by the court
Whether the writ appeal challenging the dismissal of a petition to re-fix the annual increment date for 6th Pay Commission benefits should be allowed despite the death of the appellant.
Whether the delay of 25-30 years in approaching the Court warrants dismissal of the writ petition on grounds of laches.
M. Rajagopalan
The Secretary to Government, Education Department
The Director of Higher Secondary Education
The Chief Educational Officer, Madurai District
The District Educational Officer, Madurai District
The Secretary, Thiagarajar Model Higher Secondary School
G. Jayachandran
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
