K.KRISHNAMOORTHY vs THE STATE OF TAMILNADU
- Court
- Madras High Court
WA No. 3081 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 3081 of 2023
K.Krishnamoorthy
..Appellant(s)
Vs
1. The State Of Tamilnadu represented by its
The Secretary to the Government of Tamil
Nadu, Tourism and Culture Department,
Fort St. George, Chennai 600 009.
2. The Managing Director
Tamilnadu Tourism and Development
Corporation Limited, Tourism Complex, No.2,
Wallajah Road, Chennai 600 002.
3. The Manager I/c (Administration)
Tamilnadu Tourism and Development
Corporation Limited, Tourism Complex, No.2,
Wallajah Road, Chennai 600 002.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
orders passed by the Court in WP No.17462 of 2015 dated 20.07.2023.
For Appellant(s): Mr.Ramachandran R.
For Respondent(s): Mr.A.R.Suresh,
Special Government Pleader FOR R1
MR.A.ABDUL HAMEED AAG IV
Assisted by Ms.RK.Sekina Reshma,
Additional Government Pleader
FOR R2 & R3
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WA No. 3081 of 2023
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present Intra Court Appeal has been instituted by the writ petitioner
challenging the writ order dated 20.07.2023, passed in WP No.17462 of 2015.
The appellant herein filed the writ petition seeking the pay and allowances
admissible to the post of Supervisor from 10.01.1990 to 31.03.2015 i.e., his
date of retirement.
2.The facts in nut shell shows that the appellant was appointed as Store
Keeper in Tamilnadu Tourism and Development Corporation Limited in the
year 1988. Even before completion of his probation period, the appellant was
posted as Manager in-charge and thereafter posted to the post of Supervisor
in-charge on 10.01.1990. He served as Supervisor in-charge for about 25
years and retired from service on 31.03.2015 on attaining his age of
superannuation. The writ petition is filed after retirement and the Writ Court
dismissed the writ petition mainly on the ground of delay and latches.
3.Since large number of allegations are raised against the
administration of Tamilnadu Tourism and Development Corporation Limited,
this Court requested the Principal Secretary to the Government, Tourism and
Culture Department, to appear through Video Conferencing.
Smt.Dr.S.Swarna, I.A.S., appeared before this Court through Video
Conferencing and made a submission that the codification of Service Rules for
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WA No. 3081 of 2023
the employees of the Tamilnadu Tourism and Development Corporation
Limited is in progress. That apart, review meetings are periodically conducted
to identify the illegalities, irregularities, favouritism and nepotism in the matter
of treating the employees in the Corporation and all suitable actions will be
initiated.
4.Be that as it may, this Court is of the considered view that even in the
absence of any Service Rules in a particular department, the established
principles of service jurisprudence are to be followed by the Government to
treat the employees equally. Discrimination in the matter of appointments,
promotions etc., is not only unconstitutional, but would result in denial of the
rightful opportunity to the employees, who all are longing to secure promotion
on merits and in the order of seniority. Therefore, mere absence of Rules may
not be an excuse to the department. Already other Government departments
are following the Service Rules. There must be a pragmatic approach to
ensure efficient public administration. It may take some time for framing of
Rules and during the interregnum period, all suitable actions are to be initiated
to prevent any such illegalities, irregularities in the matter of treating the
services of the employees of the Corporation.
5.The learned Additional Advocate General would submit that the
appellant was not promoted to the post of Supervisor, but was allowed to
continue as in-charge. Curiously, in the Corporation, an employee was
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WA No. 3081 of 2023
allowed to work as in-charge Supervisor for 25 years. This itself is to be
construed as a grave irregularity.
6.In the present case, the appellant was posted to the post of
Supervisor in-charge on 10.01.1990 within a period of two years from the date
of his initial appointment. He was allowed to retire from service on
31.03.2015. Thereafter, he filed a writ petition after a lapse of 25 years from
the date of his posting as Supervisor in-charge and claimed pay and
allowances from his initial date of posting to the post of Supervisor in-charge
on 10.01.1990. Such claims are stale on account of an enormous delay. An
employee slept over his right, cannot wake up one fine morning and knock the
doors of the Court seeking relief relating to pay and allowances with
retrospective effect. Even the grievances relating to promotion and seniority
are to be redressed within a reasonable period of time. In the present case,
the delay of 25 years in instituting the writ petition is to be construed as an
uncondonable delay.
7.For all these reasons, the impugned order dated 20.07.2023, passed
in WP No.17462 of 2015 stands confirmed and the Writ Appeal stands
dismissed. No costs.
(S.M.S.,J.) (K.G.R.,J.)
Index: Yes/No 31-08-2026
Speaking/Non-speaking order
Neutral Citation: Yes/No
SLI
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WA No. 3081 of 2023
To
1.The State Of Tamilnadu
represented by its
The Secretary to the Government of Tamil Nadu,
Tourism and Culture Department,
Fort St. George, Chennai 600 009.
2.The Managing Director
Tamilnadu Tourism and Development Corporation Limited,
Tourism Complex, No.2, Wallajah Road,
Chennai 600 002.
3.The Manager I/c (Administration)
Tamilnadu Tourism and Development Corporation Limited,
Tourism Complex, No.2, Wallajah Road,
Chennai 600 002.
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WA No. 3081 of 2023
S.M.SUBRAMANIAM, J.
AND
KRISHNASWAMY GOVINDARAJAN, J.
SLI
WA No. 3081 of 2023
31-08-2026
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