LAWS(MAD)-2021-4-34

G. SWAMINATHAN Vs. SECRETARY TO GOVERNMENT

Decided On April 07, 2021
G. Swaminathan Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) None appears for the appellant. On the earlier hearing also, there was no representation for the appellant and therefore, the matter was listed under the caption 'for dismissal'. Subsequently, at the request made, the caption was removed. We have heard the learned Senior Standing Counsel for the Central Government.

(2.) The appellant has filed the Writ Petition, challenging the order passed by the second respondent, dated 08.09.2015, and for a consequential direction to pay pensionary benefits. The facts were noted by the learned Single Bench in paragraph No.2 of the order, dated 10.07.2017, passed in the Writ Petition. From paragraph No.2, it is evidently clear that it is heavily barred by delay and laches. The appellant contends that under compulsion, he gave letter of resignation in the year 2005 and subsequently, he gave a letter for withdrawal of resignation on 30.09.2005 and thereafter, he sent a letter of request for reinstatement on 13.02.2006, which was rejected on 20.11.2009 and challenging the order dated 08.09.2015, he has filed the Writ Petition.

(3.) The learned Writ Court after taking note of the fact that the appellant has neither challenged the rejection of request for reinstatement dated 20.11.2009, nor the subsequent order dated 12.07.2011, at the appropriate time, held that the relief cannot be granted.