The Commissioner & Another v. M. Ganapathy & Others
2005-06-13
A.R.RAMALINGAM, P.SATHASIVAM
body2005
DigiLaw.ai
Judgment :- P. Sathasivam,J. The petitioners have filed the above writ petition questioning the order dated 28.04.1998 made in O.A.No.2314 of 1995 on the file of Tamil Nadu Administrative Tribunal, Chennai. 2. The first respondent herein, viz., M. Ganapathy, Secondary Grade Assistant, Corporation High School, Puliyur, Chennai has filed the said Original Application, questioning the order of the Educational Officer, Corporation Education Department - 4th respondent before the Tribunal, rejecting his request to count the services rendered by him in A.C. Sivalal Primary School, Triplicane, Madras from 17.03.1969 to 01.06.1982, nearly 11 years, for the purpose of fixing seniority. The said application came to be disposed of by the Tribunal based on the decision of the Supreme Court and directed the Educational Officer of the Corporation to count the services rendered by the applicant in A.C. Sivalal Primary School from 17.03.1969 to 01.06.1982 for the purpose of seniority and consider him for promotion on par with his juniors on the basis of the revised seniority list with all consequential service benefits. Questioning the same, the petitioners have filed the present writ petition. 3. Heard the learned standing counsel for Corporation of Chennai. 4. Before going into the matter, it is relevant to point out that the impugned order was passed by the Tribunal on 28.04.1998, however, the writ petition has been filed challenging the said order only on 12.04.2005. Even in the affidavit of the Educational Officer, Corporation of Chennai, particularly in para 5 it is specifically stated that the said order was received by their Department on 06.05.1999. Thereafter, according to the deponent of the affidavit, the file was sent to the legal department and after taking decision, they filed the present writ petition on 12.04.2005. A perusal of the details, particularly para 5 of the affidavit show that there is no proper explanation for not taking steps till 12.04.2005. We are satisfied that though there is no prescribed limitation for challenging the order of the Tribunal, it would not be proper for us to entertain the above writ petition, nearly after six years. 5. Coming to merits, it is clear from the impugned order that the Tribunal based on the judgment of the Supreme Court accepted the claim of the applicant and granted relief.
5. Coming to merits, it is clear from the impugned order that the Tribunal based on the judgment of the Supreme Court accepted the claim of the applicant and granted relief. It is also relevant to note that in the order dated 12.07.1984, regarding taking over of private school in question by the Corporation, the Authority concerned has specifically stated that the services rendered in the management school will be taken into consideration only for monetary benefits. When the petitioners intend to safeguard the monetary benefits of the person/persons concerned, we are of the view that it is but proper to consider the length of service rendered by the first respondent in the erstwhile management. Accordingly, even on merits, we are satisfied that there is no valid ground for interference. Accordingly, the writ petition fails and the same is dismissed. Consequently, connected WPMP., is also dismissed.