1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 26..04..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.470 of 2011 S. Srinivasan, Head Master (Retired), R.C.Primary School, Kallathikinnar, Otappidaram (TK), Thoothukudi District. Now residing at 1/114, East Street, Onamakulam, Elavangal (Post), Kadambur (Via), Otappidaram (TK), Thoothukudi District. ..... Appellant – Vs - 1. The Secretary, School Education Department, Secretariat, Chennai. 2. The Joint Director of School Education (Elementary), Chennai - 6. 3. Chief Educational Officer, Thoothukudi, Thoothukudi District. 4. The District Elementary Educational Officer, Thoothukudi, Thoothukudi District. 5. The Assistant Elementary Educational Officer, Ottappidaram, Ottappidaram (TK), Thoothukudi, Thoothukudi District. ......Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.03.2011 of the learned Single Judge in W.P.(MD) No.3417 of 2011. Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 10.03.2010 in accordance with law within the time stipulated by this Court and thereby pay arrears of salary for the petitioner for the period from 21.12.1971 to 21.08.1977 and other corresponding benefits. For Appellant : Mr. D. Sadiq Raja For Respondents : Mr.R.Janakiramulu, Special Govt.Pleader J U D G M E N T (Judgment of the Court was delivered by K. SUGUNA, J.) This Writ Appeal is filed as against the order of learned Single Judge dated 23.03.2011 in W.P.(MD)No.3417 of 2011. 2. The said writ petition has been filed for issuance of a Writ of Mandamus to direct the first respondent to consider the representation of the appellant / petitioner dated 10.03.2010 and to pay the arrears of salary for the period from 21.12.1971 to 21.08.1977 and other corresponding benefits. The learned Single Judge, on the ground of laches has dismissed the said writ petition. 3. As far as the laches aspect is concerned, learned counsel appearing for the appellant has fairly admitted the same. It is the stand of the learned counsel for the appellant that on mercy ground, the appellant is entitled to the relief sought for. 4. As far as the stand of the learned counsel for the appellant is concerned, with regard to payment of salary, basing on mercy or sympathy ground against the Rules, nothing can be done. Even according to the learned counsel for the appellant, the appellant attained the age of superannuation in the year 1991. As per the averments in the affidavit filed in the support of the writ petition, the appellant/petitioner had given his representation only on 10.03.2010 i.e., nearly after a period of 20 years. Because of this belated approach, the respondent may not have proper records with them. Apart from this, till his retirement, the appellant / petitioner has not raised his finger and nearly after a period of 20 years from the date of his superannuation, the appellant has sought for the relief. Consequently, on the ground of laches, as rightly held by the learned Single Judge, the appellant is not entitled to the relief sought for. We do not find any reason to interfere with the order of the learned Single Judge. Consequently, this writ appeal is liable to be dismissed. 5. Accordingly, this Writ Appeal is dismissed. However, there will be no order as to costs. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1. The Secretary, School Education Department, Secretariat, Chennai. 2. The Joint Director of School Education (Elementary), Chennai - 6. 3. The Chief Educational Officer, Thoothukudi, Thoothukudi District. 4. The District Elementary Educational Officer, Thoothukudi, Thoothukudi District. 5. The Assistant Elementary Educational Officer, Ottappidaram, Ottappidaram (TK), Thoothukudi, Thoothukudi District. +1cc to the Special Govt.Pleader, Sr.No. 15530 dpn ssk/09.06.2011 /7c -3p/- W.A.(MD)No.470 of 2011 26.04.2011 https://hcservices.ecourts.gov.in/hcservices/