Two former electricians challenged 2003 orders revising their Selection and Special Grade dates to the date of absorption in the Panchayat Union Wing and recovering excess pay, seeking refund with interest and pension revision. The court dismissed both petitions solely on the ground of laches, noting no explanation for the delay.
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.P.Nos.23689 & 23690 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.Nos.23689 & 23690 of 2015
W.P.No.23689 of 2015:
1.V.Muthusamy
...Petitioner
Vs.
1.Government of Tamil Nadu, Represented by Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 600 009.
2.The Director of Rural Development and Panchayat Raj, Chennai – 600 015.
3.The District Collector, Salem District, Salem.
4.The Panchayat Union Commissioner, Ayothiyapattinam, Salem District. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the 4th respondent relating to orders in
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W.P.No.23690 of 2015:
1.M.Mohan
...Petitioner
Vs.
1.Government of Tamil Nadu, Represented by Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 600 009.
4.The Panchayat Union Commissioner, Ayothiyapattinam, Salem District. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
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India to call for the records relating to orders in Pro.Na.Ka.No.62338/2003/Thi.3 dated 03.10.2003 of the 3rd respondent, to quash the same and to issue consequential direction to refund to the petitioner the amount recovered from the petitioner with compound interest at 12% per annum and restore the Selection Grade and Special Grade scale of pay of the petitioner w.e.f 18.05.1991 and 30.05.2001 and to revise his pensionary benefits on that basis.
For Petitioner : Mr. M.Ravi (In both WPs)
For Respondents : Mr. V.Jeevagiridharan, 1 to 3 Additional Government Pleader (In both WPs) : For Respondent No Appearance. (In both WPs)
O R D E R
W.P.No.23689 of 2015 is filed to call for the records of the 4th
respondent relating to orders in (1) Pro.Na.Ka.No.4432/02/A1 dated 26.09.2003 and (2) Pro.Na.Ka.No.4432/02/A1 dated 06.11.2003, to
quash the same and to issue consequential direction to refund to the
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petitioner the amount recovered from the petitioner with compound interest at 12% per annum and restore the Selection Grade and Special Grade scale of pay of the petitioner w.e.f 28.03.1990 and 28.03.2000 and to revise his pensionary benefits on that basis.
relating to orders in Pro.Na.Ka.No.62338/2003/Thi.3 dated 03.10.2003 of the 3rd respondent, to quash the same and to issue consequential direction to refund to the petitioner the amount recovered from the petitioner with compound interest at 12% per annum and restore the Selection Grade and Special Grade scale of pay of the petitioner w.e.f 18.05.1991 and 30.05.2001 and to revise his pensionary benefits on that basis.
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Thereafter, the Government by G.O.Ms.No.1837, Rural Development and Local Administration Department dated 29.11.1982 ordered entrustment of Rural Water Supply Maintenance of hand pumps and power pumps from TWAD board to the respective Panchayat unions. Therefore, the petitioners were transferred to the respective Panchayat unions. The petitioners have been relieved from the TWAD board with effect from the afternoon of 31.12.1982. The petitioners were allotted to the Divisional Development Officer, Salem where they joined the duty on 01.01.1983.
Muthusamy, was granted Selection Grade and Special Grade in the post of Electrician with effect from 28.03.1990 by taking into account the period of service in TWAD board from 28.03.1980 till 31.12.1982 along with the service in the Panchayat Union Wing of the rural development department and he had been drawing Selection Grade and Special grade scale of pay from 28.03.1990.
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Ayothiapattinam on 26.09.2003 and Mohan by order of the District Collector, Salem dated 03.10.2003.
said Mohan was superannuated on 30.06.2013. It is the grievance of
the petitioners that the recovery has been ordered without any prior notice on the petitioners.
records.
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in the year 2003. The petitioners have remained in service till the year 2012 and 2013, respectively and have not chosen to question the same. Now after a period of over 12 years, the petitioners have moved this Court. The petitioners who have not chosen to question the said order all these years cannot now seek to have the clock set back. Further, there is no explanation for this inordinate delay in questioning the impugned orders.
laches. No costs.
06.06.2024
Index : Yes/No Internet : Yes/No kan
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To
1.Government of Tamil Nadu, Represented by Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 600 009.
3.The District Collector, Salem District, Salem.
4.The Panchayat Union Commissioner, Ayothiyapattinam, Salem District.
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P.T. ASHA, J,
kan
W.P.Nos. 23689 & 23690 of 2015
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1 issue framed by the court
Whether writ petitions challenging 2003 orders revising Selection/Special Grade dates and ordering recovery, filed over 12 years later after superannuation, should be entertained despite laches.
1 provisions across 1 enactments
V.Muthusamy
M.Mohan
Government of Tamil Nadu, Represented by Secretary to Government, Rural Development and Panchayat Raj Department
The Director of Rural Development and Panchayat Raj, Chennai
The District Collector, Salem District, Salem
The Panchayat Union Commissioner, Ayothiyapattinam, Salem District
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
