IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.2.2008 CORAM THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI Writ Appeal No.70 of 2007 1. The State of Tamil Nadu rep. by its Secretary (Higher) Education Department Fort St.George, Chennai 600 009. 2. The Director of Technical Education Guindy, Chennai 600 025. .. Appellants[Respondents]. Vs. R.Jayanthi .. Respondent[Petitioner]. Appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 6.2.2006 in W.P.No.26922 of 2005. W.P.No.26922 of 2005: Petition presented to this Court under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for records relating to the proceedings of the 2nd respondent made in No.O.Mu.34522/D.3/2001 dated 31.8.2001 and O.Mu.10972/D.3/2002 dated 23.4.2002, to quash the same and consequently direct the respondents to extend all service benefits by taking into account the appointment of the applicant as Junior Assistant on the basis of the Panel made in proceedings No.11653/D.4/88 dated 14.6.1988 and other consequential benefits thereto. For Appellants : Mr.K.Ilango, Spl.G.P. For Respondent : Mr.L.Chandrakumar J U D G M E N T (Delivered by P.D.DINAKARAN,J.) The above appeal is directed against the order dated 6.2.2006 made in W.P.No.26922 of 2005, filed by the respondent herein. 2. For the purpose of convenience, parties are arrayed as per their rank in the writ petition. 3. The brief facts which paved way for filing the above appeal are as under. (a) The petitioner was appointed as a Record Clerk on 10.12.1982 through Employment Exchange. Thereafter, she was promoted as Junior Assistant by the proceedings of the second respondent dated 19.7.1988, specifically stating that the said promotion was temporary and the same would not confer any right as against the candidates selected through the Tamil Nadu Public Service Commission and she would be reverted to the post of Record Clerk as and when postings were issued to the candidates selected from the Tamil Nadu Public Service Commission. The petitioner did not join the promotional post https://hcservices.ecourts.gov.in/hcservices/ as she was suffering 50% disability and requested the second respondent to post her in and around Coimbatore. (b) By proceedings of the second respondent dated 4.8.1988, the promotion given to the petitioner was cancelled and she was reverted to the post of Record Clerk. Nearly after thirteen years, the petitioner made a representation, through her husband, on 10.8.2001 to cancel the order of reversion dated 4.8.1988 and to promote her to the post of Junior Assistant notionally with effect from 19.7.1988. However, the second respondent, by proceedings dated 31.8.2001, rejected the request made on behalf of the petitioner on the ground that the promotion given to the petitioner was temporary and subject to the condition that she would be reverted back as and when postings were issued to the candidates selected from the Tamil Nadu Public Service Commission. (c) The petitioner made a further representation on 19.3.2002 and the same was also rejected by the second respondent, by proceedings dated 23.4.2002 on the grounds stated in their earlier proceedings dated 19.3.2002 and further stating that the promotion to the post of Junior Assistant from Record Clerk was cancelled even before the petitioner joined the duty in the promotional post. (d) In the meanwhile, the petitioner was given regular promotion from the post of Record Clerk to the post of Junior Assistant on 6.1.1995. (e) However, aggrieved by the proceedings of the second respondent dated 31.8.2001 and 23.4.2002, the petitioner filed O.A.No.6260 of 2002 before the Tamil Nadu Administrative Tribunal, relying upon G.O.Ms.No.502, P & AR Department, dated 10.6.1987. Thereafter, the said O.A. was transferred and re-numbered as W.P.No.26922 of 2005, (f) The second respondent resisted the writ petition reiterating the reasons stated in their impugned orders dated 31.8.2001 and 23.4.2002. (g) The learned single Judge, by order dated 6.2.2006, holding that the petitioner was entitled to be promoted as Junior Assistant from the post of Record Clerk as per G.O.Ms.No.502, P & AR Department, dated 10.6.1987, quashed the proceedings of the second respondent dated 31.8.2001 and 23.4.2002 and directed the respondents to give notional promotion to the petitioner with effect from 19.7.1988. Hence, the present appeal by the respondents. 4. Heard Mr.K.Ilango, learned Special Government Pleader for the appellants and Mr.L.Chandrakumar, learned counsel for the respondent, who reiterated their submissions made before the learned single Judge. 5.1. It is not in dispute that the petitioner was appointed as Record Clerk on 10.12.1982 and promoted to the post of Junior Assistant temporarily by proceedings dated 19.7.1988, which is subject to the condition that she would be reverted back as and when postings are issued to the candidates selected by the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ Public Service Commission. The petitioner did not join the promotional post as she wanted to continue at Coimbatore itself. In the meanwhile, she was reverted to the post of Record Clerk by proceedings dated 4.8.1988. Nearly after thirteen years, the petitioner, without challenging the impugned proceedings of the second respondent, had chosen to make representations requesting to promote her to the post of Junior Assistant notionally with effect from 19.7.1988 and the same were rejected by the impugned proceedings of the second respondent. 5.2. No doubt, G.O.Ms.No.502, P & AR Department, dated 10.6.1987 provides that persons who are having more than five years of service in the lower category are entitled to get promotion as Junior Assistant based on seniority. But, in the instant case, the petitioner has relinquished her promotion to the post of Junior Assistant by not joining the promotional post. Having abdicated her promotion, the petitioner is not entitled to stake her claim of promotion to the post of Junior Assistant notionally relying on G.O.Ms.No.502, P & AR Department, dated 10.6.1987. Assuming the petitioner is promoted as Junior Assistant notionally, the same, in our considered opinion, would disrupt the vested rights with regard to the seniority, rank and promotions that had been accrued by others during the intervening period of the order of reversion and the impugned orders of rejection, apart from financial burden. 5.3. The petitioner had chosen to stake her claim to promote her to the post of Junior Assistant notionally, after thirteen years. In the cases where the litigant approaches with inordinate delay or laches, the Courts, while exercising their discretion, are loath to grant relief, especially in service matters relating to seniority, in order to ensure that settled seniority is not disturbed. Unsettling such seniority would result in administrative chaos, inconvenience and lead to considerable incoherence in the system of administration, apart from financial repercussions. 5.4. It is true that the relief claimed, after an abnormal delay, cannot be denied to the aggrieved merely on the ground of laches. However, if the delay and laches would have the effect of seriously affecting the fundamental rights of a third party, the relief can be refused for valid reasons. Similarly, grant of relief can also be denied if the long delay would result in throwing public administration out of gear vide P.V.S.V.Prasada Rao v. Andhra University [MANU/AP/0906/2005]. 5.5. Of course, the rule, which says that the Court may not enquire into belated and stale claims, is not a rule of law but a rule of practice based on sound and proper exercise of discretion. The delay, by itself, no doubt, would not defeat the claim for relief on account of lapse of time. But, it depends upon an examination of the facts of each case. In the instant case, apart from the fact that there is no plausible explanation by the petitioner for the abnormal delay in making the representation that the lapse of time is not attributable to any laches or negligence on her part, the petitioner lost her locus to stake her claim for promotion to the post of Junior Assistant, based on G.O.Ms.No.502, P & AR Department, dated 10.6.1987, as a matter of right, as, admittedly, she refused to join https://hcservices.ecourts.gov.in/hcservices/ the promotional post in spite of the proceedings dated 19.7.1988, which was subsequently cancelled to accommodate the candidates selected by the Tamil Nadu Public Service Commission, a condition incorporated in the order of promotion itself. Therefore, the conduct of the petitioner relinquishing her promotion, coupled with laches, disentitle her to stake her claim based on G.O.Ms.No.502, P & AR Department, dated 10.6.1987, even notionally. 5.7. Further, it is apparent on a perusal of the proceedings of the second respondent dated 19.7.1988 that the promotion given to the petitioner was temporary and subject to the condition that the same would not confer any right on her as against the candidates selected through the Tamil Nadu Public Service Commission and she would be reverted to the post of Record Clerk as and when postings were issued to the candidates selected from the Tamil Nadu Public Service Commission. Therefore, we do not see any error on the part of the second respondent in reverting the petitioner to the post of Record Clerk, even before her joining in the promotional post. 6. For all these reasons, we are unable to agree with the reasons and findings of the learned single Judge in allowing the writ petition. Hence, the order of the learned single Judge is set aside. The writ appeal is allowed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kpl To 1. The Secretary (Higher) State of Tamil Nadu Education Department Fort St.George, Chennai 600 009. 2. The Director of Technical Education Guindy, Chennai 600 025. + 1 CC To Mr. L.Chandrakumar, Advocate SR NO.5243 + 1 CC to the Government Pleader SR NO 5223 W.A.No.70 of 2007. vc[co] gp/22.2. https://hcservices.ecourts.gov.in/hcservices/