A retired local-body medical officer sought quashing of audit orders and revision of pension with time-bound promotion benefits under a Government Order. The court held the claim stale and revived only via representation-based writ petitions, citing Supreme Court precedent on stale representations, and dismissed the petition.
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.(MD) No.23655 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 29.07.2025
Pronounced On : 19.08.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.23655 of 2017 and W.M.P.(MD)No.19872 of 2017
Dr.S.Rajasekar, S/o.A.Soundararajan, No-50, Vasantha Nagar, North Tharanallur, Trichy - 620 008. ... Petitioner Vs.
2.The Director of Medical and Rural Health Service, Chennai – 6. 3.The Director, Local Fund Audit, Integrated Finance Department Complex Building, 4th Floor, Chennai - 600 035. 4.The Block Development Officer/ The Commissioner (Development - Panchayats) Panchayat Union Office, Kulithalai, Karur District. ... Respondents
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W.P.(MD) No.23655 of 2017
PRAYER in W.P.:
To issue a Writ of Certiorarified Mandamus,or any other order or direction, the nature of writ, calling for the records in the Impugned order in Na.Ka.No; 7194. PUPV(4)/ 2017 dated 23.05.2017 and the subsequent Impugned order No: Mu.Mu.No: 22462-/ Oo.O.O.Sa(6) /2017, dated 11.09.2017 passed by the 3rd respondent and quash both of them and direct the respondents 1 to 3 to revise the pension payable to the petitioner in PPO.NO.27081/PU by granting the benefits of G.O.Ms.No. 354/ Family Welfare Department dated 23.10.2009, i.e.the time bound promotional benefits upto the post of Chief Civil Surgeon with the Pay Band-4 available to it, within a time limit fixed by this Hon'ble Court, by getting back for revision of my pension proposal from the 4th respondent which was returned vide the Impugned orders and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
PRAYER in W.M.P:
To grant interim direction, directing the 3rd respondent to pay an amount of Rs.2,00,000/- towards 50% of the arrears of pension (approximately) pending disposal of this writ petition.
APPEARANCE OF PARTIES:
For Petitioner : Mr.C.Dhanaseelan, Advocate For Respondents : Mr.V.Om Prakash Government Advocate for R1 to R3 : Mr.M.Raja Rajan, Advocate for R4
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J U D G M E N T
Heard.
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communication dated 23.05.2017, addressed the fourth respondent and conveyed as follows:–
“ePjpkd;w Mizf;fpzq;f murhiz vz;. 354/Rfhjhuj;Jiw ehs; : 23.10.99 ,d;gb ghh;it 1,y; fhZk; cah;ePjpkd;w cj;jutpd;gb jdpaUf;F Cjpa eph;zak; nra;a Cuf tsh;r;rp Jiw ,af;Feh; topahf muRf;F fUj;JU mDg;gp murhiz ngw;W> mt;turhizapd ; mbg;gilapy; jpUj;jpa Cjpa eph;za tptuj;ij gzpg;gjpNtl;by; gjpe;J mDg;Gk; epiyapy; jpUj;jpa Xa;T+jpak; mDkjpf;fg;gLk; vd;w tptuk; njhptpj;Jf; nfhs;sg;gLfpwJ. ,j;Jld; md;dhhpd; gzpg;gjpNtL kw;Wk; fUj;JU jpUg;gg;gLfpwJ.”
11.09.2017, once again addressed the fourth respondent and informed
him as follows:–
“vdNt ghh;it (8) ,y; fhZk; ,t;tYtyf fbjk; thapyhf ePjpkd;w Mizf;fpzq;f murhiz vz;.354 Rfhjhuk; kw;Wk; FLk;g eyj;Jiw> ehs; 23.10.2009 ,d;gb jdpaUf;F Cjpa eph;zak; nra;a Cuf tsh;r;rpj; Jiw ,af;Feh; thapyhf muRf;F fUj;JU mDg;gp murhiz ngw;W mjd; mbg;gilapy; jpUj;jpa Xa;T+jpa fUj;JUit ,t;tYtyfj;jpw;F mDg;gp itf;f Nfl;Lf; nfhs;sg;gl;lJ.
jdpah; Xa;t+jpak; mDkjpf;f kPs fbjk; mDg;gpaijj; njhlh;e;J ghh;it (10) ,y; fhZk; fbjk; thapyhf ePjpkd;w jPh;g;gpy; cs;s tptuj;jpd;gb cld; murhiz ngw chpa eltbf;if Nkw;nfhs;s Mizahplk; kPz;Lk; Nfl;Lf; nfhs;sg;gl;Ls;sJ.
,e;epiyapy; ghh;it (5)> (7) kw;Wk; (10) ,y; fhZk; ,t;tYtyf fbjj;jpy; njhptpj;jthW
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W.P.(MD) No.23655 of 2017
murhiz ngw ve;j eltbf;ifAk; vLf;fhky; Cuhl;rp xd;wpa Mizah; mstpy; Cjpa eph;zak; nra;J ghh;it (11) ,y; fhZk; fbjj;Jld; jpUj;jpa Xa;T+jpaf; fUj;JU kw;Wk; gzpg;gjpNtL kPs ,t;tYtyfj;jpy; ngwg;gl;Ls;sJ.”
advance the case in any meaningful manner. In paragraphs 3 and 4, it has been averred as follows:–
“3. It is submitted that the petitioner had worked in the Panchayat Union Office, Kulithalai, Karur District till his retirement. The said Panchayat Union Office Dispensary was not converted into Primary Health Centre and the service of the petitioner has not absorbed into Tamil Nadu Medical Service from local body service. Further, the petitioner has retired from the Panchayat Union Service itself, as the petitioner has mentioned his PPO number as 27081/PU which was allotted for the Panchayat Union Department.
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W.P.(MD) No.23655 of 2017
and failed to pursue the matter within a reasonable period after his retirement. In this regard, it is apposite to refer to the judgment of the
Hon’ble Supreme Court in C. Jacob v. Director of Geology and Mining, reported in (2008) 10 SCC 115 , wherein the Court observed as follows:–
“7. Every representation to the government for relief, may not be replied on merits. Representations relating to matters which have become stale or barred by limitation, can be rejected on that ground alone, without examining the merits of the claim. In regard to representations unrelated to the department, the reply may be only to inform that the matter did not concern the department or to inform the appropriate department. Representations with incomplete particulars may be replied by seeking relevant particulars. The replies to such representations, cannot furnish a fresh cause of action or revive a stale or dead claim.”
by the petitioner. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. The connected W.M.P. is also dismissed.
19.08.2025
Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No LS
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W.P.(MD) No.23655 of 2017
Copy to:
2.The Director of Medical and Rural Health Service, Chennai – 6.
3.The Director, Local Fund Audit, Integrated Finance Department Complex Building, 4th Floor, Chennai - 600 035.
4.The Block Development Officer/ The Commissioner (Development - Panchayats) Panchayat Union Office, Kulithalai, Karur District.
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W.P.(MD) No.23655 of 2017
DR. A.D. MARIA CLETE, J. LS
Pre-delivery Judgment made in W.P. (MD) No.23655 of 2017
19.08.2025
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1 issue framed by the court
Whether the petitioner's belated writ petition seeking time-bound promotion benefits for pension revision could be entertained despite staleness.
Colour shows how this judgement treated each authority
C. Jacob v. Director of Geology and MiningRelied on¶6
(2008) 10 SCC 115 · Who else cites this
Dr.S.Rajasekar
State of Tamilnadu, Rep by Secretary to Government, Department of Medical Service
The Director of Medical and Rural Health Service
The Director, Local Fund Audit
The Block Development Officer / The Commissioner (Development - Panchayats), Panchayat Union Office, Kulithalai
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
