R SAMPATH Vs. STATE OF MADRAS

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the, Constitution for the issue of a writ of mandamus or other appropriate order, writ or direction, directing the State of. Madras to recognise the petitioner as an Upper Division Clerk in the office of the commissioner, Hindu Religious and Charitable Endowments, as and from 1-121947.

(2.) THE history of the service of the petitioner as set out by him in his affidavit is as follows. The petitioner entered service On 23-8--1944, as-acting second division clerk in the office of the Hindu Religious Endowments Board which was in existence prior to the enactment of Madras Act XIX of 1951. Between the date 112-1947 to 30-9-1949 for a period of one year, two mouths and 17 days, he was officiating as an Upper Division Clerk having been promoted from the lower division cadre to the upper division cadre. Under rule 30 of the Madras Ministerial Services rules a lower division clerk promoted to the higher cadre prior to 3-9-1951 need not pass any test for confirmation as Upper division clerk. After 30-9-1949 he was reverted to the lower division cadre but in 1954 and 1955 he was promoted as upper division clerk for short periods of service. On 20-5-1955, he was reverted to the lower division cadre. The petitioner made representations to the authorities that he should be given permanent posting as an upper division clerk. On 16-1-1957 the petitioner received a communication from the office of the Commissioner, Hindu Religious and Charitable Endowments that he will not be promoted as Upper division clerk unless he passed the required tests. The petitioner states that the Commissioner sent up proposals to the Government to regularise his services as upper division clerk prior to 30-9-1951 but that the proposals did not meet with the approval of the Government. The petitioner alleges that several other clerks, whose names are mentioned in the supplemental affidavit filed by him, who were in the same position as himself have been confirmed as upper division clerks without their being obliged to pass the required test. The petitioner appealed to the Government urging his claims but was not successful. Then he issued a suit notice to the Government but on 8-121958 he received a communication from the Government stating. that his threatened suit was awaited. The petitioner complaints that he has been treated unjustly by the Government, and that the act of the Government in not promoting him to the upper division cadre is discriminatory and violative of his fundamental rights under the Constitution.

(3.) THIS writ petition was filed on 24-4-1961. There has been an inordinate delay on the part of the petitioner to seek his remedies in this court. The petitioner pleads justification for the delay in the following manner in para 5 of his affidavit i state that I did not file a writ petition immediately thereafter for the reason firstly such an action may jeopardise my position as an employee of the government and secondly I was expecting that the department will realise the injustice done to me and meet out justice. I was taking all possible steps all this time with the Government to reconsider my case. Unfortunately my endeavours and expectations have not materialised. Hence I am filing this writ petition.