IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10-2-2009 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.30158 of 2006 M.V.Ramalingam ..Petitioner vs 1.The Government of Tamilnadu by its Secretary to Government Municipal Administration and Water Supply Department Fort St. George, Madras 9. 2.The Director of Town Panchayat Kuralagam, Madras 600 108. 3.The Collector Periyar District Erode ..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the first respondent to promote the petitioner as Executive Officer, Grade-I, with effect from 30.11.1969, i.e., the date of passing the test as has been done in the case of one Mr.Chandrasekaran in G.O.No.208, Rural Development, dated 9.3.1982 with all monetary and seniority benefits. For Petitioner : Mr.B.Diwakar For Respondents : Mrs.Sneha, Government Advocate ORDER The petitioner was employed as a Junior Assistant in a Town Panchayat. According to the petitioner, he joined the service on 2.4.1962 in Anthiyoor Panchayat Union. During 1967, he was promoted as a Head Clerk. Subsequently, he was reverted as a Junior Assistant. From 12.11.1974 onwards, he was posted as an Executive Officer, Grade-II. Under the relevant Service Rules, a Junior Assistant with five years of service and who had also passed the departmental tests, is entitled for promotion as an Executive Officer, Grade-I. According to the petitioner, he had completed the five year period on 2.4.1967, and had also passed the required test on 30.11.1969. In that view of the matter, he was eligible to get posted as Executive Officer. The petitioner did not make any claim for such a posting either immediately after the passing of the test or within a reasonable time thereafter. He waited for one https://hcservices.ecourts.gov.in/hcservices/ Chandrasekaran who was similarly placed, to move the Government for an appropriate order, and even that Chandrasekaran by orders of the Government in G.O.Ms.No.298, Rural Development, dated 9.3.1982, got promotion as Executive Officer, Grade-I, with effect from the date of passing the order. The petitioner also did not make a claim immediately thereafter, and just two years before his retirement, he filed O.A.No.3089/97 seeking for a re-fixation of his seniority by grant of posting as Executive Officer with effect from 30.11.1969 on the basis of a similarly placed person. 2.The Tribunal without reference to Sec.21, admitted the O.A. and issued notice to the respondents. On the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as W.P.No.30158 of 2006. 3.Mr.Diwakar, the learned Counsel appearing for the petitioner submitted that the petitioner was well within time, and he is only seeking a parity with the other similarly placed employees, and therefore, his claim can be entertained. He also submitted that his representation dated 8.2.1996, was not considered, and therefore, he has approached the Tribunal for a relief. 4.In this context, it is necessary to refer to the judgment of the Supreme Court in C.Jacob Vs. Director of Geology & Mining and another reported in 2008 AIR SCW 7233. Paragraphs 6 to 8 read as follows: "6.Let us take the hypothetical case of an employee who is terminated from service in 1980. He does not challenge the termination. But nearly two decades later, say in the year 2000, he decides to challenge the termination. He is aware that any such challenge would be rejected at the threshold on the ground of delay (if the application is made before Tribunal) or on the ground of delay and laches (if a writ petition is filed before a High Court). Therefore, instead of challenging the termination, he gives a representation requesting that he may be taken back to service. Normally, there will be considerable delay in replying such representations relating to old matters. Taking advantage of this position, the ex-employee files an application/writ petition before the Tribunal/High Court seeking a direction to the employer to consider and dispose of his representation. The Tribunals/High Courts routinely allow or dispose of such applications/petitions (many a time even without notice to the other side), without examining the matter on merits, with a direction to consider and dispose of the representation. The courts/tribunals proceed on the assumption, that every citizen deserves a reply to his representation. Secondly they assume that a mere direction to consider and dispose of the representation does not involve any 'decision' on rights and obligations of parties. Little do they realize the consequences of such a direction to 'consider'. If the representation is considered and accepted, the ex-employee gets a relief, which he would not have got on account of the long delay, all by reason of the direction to https://hcservices.ecourts.gov.in/hcservices/ 'consider'. If the representation is considered and rejected, the ex-employee files an application/writ petition, not with reference to the original cause of action of 1982, but by treating the rejection of the representation given in 2000, as the cause of action. A prayer is made for quashing the rejection of representation and for grant of the relief claimed in the representation. The Tribunals/High Courts routinely entertain such applications/petitions ignoring the huge delay preceding the representation, and proceed to examine the claim on merits and grant relief. In this manner, the bar of limitation or the laches gets obliterated or ignored. 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. 8.When a direction is issued by a court/tribunal to consider or deal with the representation, usually the directee (person directed) examines the matter on merits, being under the impression that failure to do may amount to disobedience. When an order is passed considering and rejecting the claim or representation, in compliance with direction of the court or tribunal, such an order does not revive the stale claim, nor amount to some kind of 'acknowledgment of a jural relationship' to give rise to a fresh cause of action." 5.The petitioner cannot move the Tribunal to revive a cause of action which took place 27 years ago and still claim that he was well within time in terms of Sec.21 of the Administrative Tribunal Act. Even though this Court is not trapped by such a provision and the jurisdiction under Article 226 is much wider, yet a stale claim cannot be entertained even by this Court as directed by the Supreme Court in C.Jacob's case that only a vigilant person will get relief from the Court, and such a cause of action cannot be revived by sending repeated representations. 6.In the light of the above, the writ petition is misconceived, and accordingly, it stands dismissed. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar nsv/ https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to the Government of Tamilnadu Municipal Administration and Water Supply Department Fort St. George, Madras 9. 2.The Director of Town Panchayat Kuralagam, Madras 600 108. 3.The Collector Periyar District Erode + 1 c.c. to The Government Pleader. S.R.No.5788. WP No.30158 of 2006 KJI (CO) GSK 13.02.2009. https://hcservices.ecourts.gov.in/hcservices/