IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.7.2008. C O R A M : The Hon'ble Mr.Justice P.K.MISRA and The Hon'ble Mr.Justice M.SATHYANARAYANAN W.P.No.17057 of 2008 K.Chellaiyan Petitioner vs. 1. The Director General of Health Services, Nirman Bhavan, New Delhi 110 011. 2. Additional Director General (Stores), Medical Stores Organisation, Directorate General of Health Services, West Block No.1, Wing No.6, R.K.Puram, New Delhi 110 066. 3. Assistant Director General(MS), Government Medical Store Depot, No.37, Naval Hospital Road, Periamet, Chennai 600 003. 4. The Registrar, Central Administrative Tribunal, High Court Campus, Chennai 600 104. Respondents Writ Petition for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order dated 24.4.2008 of the fourth respondent Tribunal, quashing the impugned order dated 24.4.2008 passed in O.A.No.271 of 2008 and directing respondents 1 to 3 to modify the appointment order dated 1.1.1979 issued to the petitioner from General Category to Reserved Category against Scheduled Caste Roster carried forward vacancy and treat the petitioner's appointment on 12.12.1978 as that of Assistant Chemist (with the then Pay Scale of Rs.425-700) instead of Junior Scientific Assistant (with the then Pay Scale of Rs.380-560) and order consequential revision of the petitioner's seniority against Scheduled Caste Roster in accordance with the directions contained in the Office Memorandum No.36038/12004-Estt(Res), dated 5.8.2004 of Government of India, Ministry of Personnel, P.G. & Pensions, New Delhi, and further give directions for revision of pay fixation leading to the petitioner's retirement on superannuation on 31.1.2008 in the cadre of Factory Manager (Rs.12,000-375-16500) and for disbursement of consequential monetary benefits to the petitioner and pension benefits. For petitioner : Mr.K.Rajendran ORDER
(Order of the court was made by P.K.MISRA, J.)
Heard Mr.K.Rajendran, learned counsel for the petitioner.
2. The petitioner entered service as Junior Scientific Assistant on 12.12.1978. At that time, the petitioner was considered as a general category candidate even though he claimed that he belongs to Scheduled Caste. The grievance of the petitioner is that had he been treated as Scheduled Caste candidate, he would have got accelerated promotion on account of reservation and therefore, his initial appointment should be considered as against the Scheduled Caste vacancy and on that footing, he should be given retrospective promotion. Original Application No.271 of 2008 was filed on 30.1.2008, one day prior to his superannuation.
3. The Tribunal dismissed such Original Application by stating that the question of modification of appointment order dated 1.1.1979 cannot be considered after long lapse of time.
4. We do not think that there is any scope for interference in such matters. The counsel for the petitioner submitted that he had made repeated representations, but, to no avail. Law is well settled that in matters of seniority, promotion, etc., making of repeated representations would not extend the period of limitation and aground to condone the laches. The petitioner, after making representations, should have waited for a reasonable period and should have approached the court long back. We do not think any relief can be granted after about three decades.
5. The writ petition is, accordingly, dismissed.
ssk.
To
1. The Director General of
Health Services,
Nirman Bhavan,
New Delhi 110 011.
2. Additional Director
General (Stores),
Medical Stores Organisation,
Directorate General of
Health Services,
West Block No.1, Wing No.6,
R.K.Puram, New Delhi 110 066.
3. Assistant Director General(MS),
Government Medical Store Depot,
No.37, Naval Hospital Road,
Periamet,
Chennai 600 003