1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11683 of 2011 V.Balasubramanian ... Petitioner Vs. 1. The State fo Tamilnadu, rep. by Secretary to Government, Revenue Department,Services - VI-1,Fort St. George, Chennai -9. 2.The Commissioner for Revenue, Administration,Chepauk, Chennai - 600 005. 3.The District Revenue Officer,Collector's Office,Theni. 4. The Personal Assistant (General), to the Collector,Collector's Office, Theni. 5.The District Collector, Collector's Office,Theni District, Theni. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to pass appropriate orders regularizing the services of the petitioner by placing the petitioner as Assistant during the year 1980 instead of 29.12.1993 and to order the consequential service benefits till 31.7.2007 i.e. the date of attaining superannuation and monetary benefits with appropriate interest thereon, For Petitioner : Mr. S.Sethuraman For Respondents : Mr. M.Alagathevan, Special Government Pleader O R D E R The petitioner has come to this Court seeking a writ of Mandamus to direct the respondents to pass appropriate order to regularize the service of the petitioner by placing the petitioner as Assistant during the year 1980 instead of 29.12.1993 and to order the consequential service benefits till 31.1.2007. 2. The petitioner after joining Government service as a Typist on 2.6.1962 in District Publicity Office, Madurai, by order dated 1.6.1967 transferred to the Collector's Office at Madurai as a Typist. Later on, he became Junior Assistant. While serving as Junior Assistant in the Taluk Office, Palani, on 29.11.1978, he was arrested by the Vigilance Inspector, Madurai on the charge of receiving bribe of Rs.25/-. As a result, he had to face a criminal trial in S.C. No. 15 of 1979 on the file of the Special Judge(Chief Judicial Magistrate), Madurai and the Special Judge (Chief Judicial Magistrate), Madurai, by judgment dated 21.12.199 convicted the petitioner by sentenced him to undergo one year https://hcservices.ecourts.gov.in/hcservices/ 2 Rigorous Imprisonment with a fine of Rs.200/-. However, on appeal the High Court by order dated 19.4.1985 set aside the conviction and sentence passed in C.A. No. 72 of 1980. Subsequently, by departmental proceedings, he was dismissed from service on 4.1.1980 by order of dismissal passed by the Personal Assistant(General) to the Collector, Madurai. However that order of dismissal was also set aside and thereafter, he was reinstated in service. The record shows that the petitioner has initiated several legal proceedings by filing O.A. No. 542 of 1993 followed by the W.P. No. 1025 of 1998 even challenging the order passed by the Tribunal in O.A. No. 542 of 1993 dated 15.4.1997, the said Writ Petition also came to be dismissed by order dated 4.4.2005. After all these proceedings, when he retired from service on reaching the age of superannuation on 31.7.1997 he kept quite for about 5 1/2 years and after 5 1/2 years from the date of retirement, he has come to this Court with unsustainable prayer to regularize the services by placing him as Assistant during the year 1980 instead of 29.12.1983, the prayer being primarily barred by delay of 5 1/2 years from the date of his retirement. 3. The said prayer filed for the first time after 5 1/2 years from the date of retirement namely on 31.7.2007 is hopelessly barred by limitation. Secondly, the prayer the petitioner has made in the writ petition to pass appropriate order to regularize the service by placing the petitioner as Assistant during the year 1980 is again hopelessly barred by limitation. When the petitioner was in service during the period 1962 to 1997, he ought to have made all arrangements and all steps to get his service regularization if at all he was eligible to get the regularization for the said period. But it appears that the petitioner did not take any steps when he was in service from 2.6.1962 till the date of retirement 31.7.1997. But the petitioner having slept over this matter during the period of service even after the date of retirement i.e. only after 5 1/2 years, he has taken steps by filing this Writ Petition to regularise his past services in the post of Assistant during the year 1980 instead of 29.12.1993. Therefore, this Court is not inclined to consider the delayed and stale claim. Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar(CS) TO 1. Secretary to Government,Revenue Department, Services - VI-1,Fort St. George, Chennai -9. 2. The Commissioner for Revenue, Administration,Chepauk, Chennai - 05. 3. The District Revenue Officer,Collector's Office,Theni. 4. The Personal Assistant (General),to the Collector, Collector's Office, Theni. 5. The District Collector,Collector's Office,Theni District, Theni. Ses GH : 16.11.2011 : 2p/6c W.P.(MD)No 11683 of 2011 12.10.2011 https://hcservices.ecourts.gov.in/hcservices/