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நீதிபதி மஞ்சுளா அமைச்சர். உதயநிதி தொடர்ந்து பேச தடை
by Sekar Reporter · Published September 21, 2023
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https://x.com/sekarreporter1/status/1730435401209532846?t=W6t1o-UuUs7dvSJ9cvXHeQ&s=08 For appellants : Mr.Haza Nazirudeen Additional Advocate General assisted by Mr.M.Venkateswaran Special Government Pleader For respondent : Mr.V.Prakash Senior Advocate for Mr.K.Sudalai Kannu Tax case full order. 13.Insofar as the laches is concerned, it is settled law that when there is considerable delay on the part of the aggrieved party to approach the court and when such delay has created a vested and indefeasible right in favour of another person by lapse of time, the discretion under Article 226 of the Constitution, ought not to be entertained. It is not in dispute that the respondent/writ petitioner has been submitting various representations and communications demanding revision of seniority. However, it is only in 2019, the request has been rejected and immediately the writ petition has been filed. It is also beyond any doubt that the respondent/writ petitioner was originally placed above the 3rd appellant on the date of appointment and when the permanent list was prepared in 2012, the respondent/ writ petitioner was fully qualified. In this case, we have already held that the temporary promotion will not confer any right and therefore, no vested right can accrue to the 3rd appellant. The respondent/writ petitioner has been continuously agitating her cause with the official respondents for refixation of seniority, which ultimately culminated into the impugned order, that was subject matter of the writ petition. Therefore, in the mind of this court, in the facts and circumstances of the case, the claim of the respondent / writ petitioner is not hit by laches. It is also relevant to point out at this juncture that the plea of laches was not taken before the Learned Judge and has been raised only in the appeal. In view of the findings rendered above, we are not inclined to entertain this plea at this stage. 14.In fine, the writ appeal deserves to be dismissed and is accordingly, dismissed. No costs. Connected miscellaneous petition is closed. [R.M.D, J.] [M.S.Q, J.] 06.06.2023 r n s Speaking Order / Non-speaking order Internet : Yes. Index : Yes /No To 1.The Secretary, Commercial Taxes and Registration Department, The Secretariat, Fort St. George, Chennai – 600 009. 2.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai – 5. R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. r n s W.A.No.1587 of 2022 & C.M.P.No.10537 of 2022 06.06.2023
by Sekar Reporter · Published December 1, 2023