Madras High Court

WP/34036/2024 of MR.S.JAFFAR Vs THE STATE OF TAMIL NADU on 13 October 2026

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WP No. 34036 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

WP No. 34036 of 2024

CNR: {HCMA012013932024}

S.Jaffar

..Petitioner(s)

Vs

1. The State Of Tamil Nadu

Rep By Its Secretary To Government,

Environment, Climate Changes And Forest

Department, Chennai 600 009.

2. The Chairman

Tamil Nadu Pollution Control Board,

No 76, Mount Road, Chennai 600 032.

3. The Member Secretary

Tamil Nadu Pollution Control Board,

Guindy, Chennai 600 032

..Respondent(s)

The Writ Petition is filed under Article 226 of the Constitution of India, seeking a direction to the 1st Respondent to appoint the petitioner permanently in any post of Lab Attender or Field Assistant or office Assistant in the existing or future vacancies at the offices of 2nd and 3rd Respondent with all service monetary benefits, including continuing of service on par with petitioner juniors and to consider the petitioners representation dated 28.08.2024 respectively in the light of the order passed in Writ Appeal in W.A. No 1717 of 2022 dated 11.10.2022 on the file of this Honble High Court which was upheld by the Honble Supreme Court in Special Leave Petition (Civil) Diary No (s) 42414 of 2023 dated 02.01.2024 within a time stipulated by this Honble Court.

WP No. 34036 of 2024

For Petitioner(s):

M/s.B.R.Jayaprakash Narayan

For Respondent(s):

Mr.Mohamed Azar

for M/s. Madhuri Donti Reddy, for R1 & R2

Mr.S.Ilamvaludhi, SGP, for R3

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ORDER

The present Writ Petition has been filed seeking a direction to appoint the petitioner permanently in the post of Lab Attender or Field Assistant or Office Assistant in the existing or future vacancies at the office of the second and third Respondents, with all service and monetary benefits.

2. The learned counsel for the petitioner would submit that the petitioner was appointed in the respondent Corporation Board during 1991 and he was relieved during 1993. Thereafter, he gave a representation and since the same was not considered, the petitioner filed Writ Petition in WP.No.15962 of 2009, wherein this Court by order dated 08.07.2010, directed the respondents to consider the petitioner’s representation and the first respondent has rejected the representation on 19.10.2011.

3. It is the specific submission of the petitioner that, after rejection, he sent a representation on 28.08.2024, with the prayer to consider his representation in the light of the Writ Appeal No.1717 of 2022, dated 11.10.2022. The learned counsel would submit that in accordance with Writ

WP No. 34036 of 2024

Appeal order, he is entitled to be appointed in any one of the aforesaid posts against future vacancies.

4. The learned Special Government Pleader strongly opposed the above submissions and would submit that the petitioner has severed only for 191 days and that there was a long delay from the date of his termination as he was relieved during 1993 and therefore, his representation is hit by delay and latches besides other reasons. He would also contend that since the petitioner has not challenged the earlier order, which rejected the petitioner’s contention during 2011, he cannot come up with the present Writ Petition.

5. I have given anxious consideration to the above submissions.

6. While looking into the factual position, as rightly contended by the learned Special Government Pleader that there was a huge delay in approaching this Court, therefore, notwithstanding other grounds, the present Writ Petition is liable to be dismissed on account of delay and latches. However, even while considering the merits, this application deserves to be dismissed.

7. According to the petitioner, he has already filed Writ Petition in WP.No.15962 of 2009, wherein this Court directed the respondent to consider the petitioner’s representation, vide order dated 08.07.2010. In due deference to

WP No. 34036 of 2024

the order of this Court, the first respondent considered the petitioner’s representation and rejected the same vide impugned order dated 19.10.2011.

8. Having suffered an order in the year 2011 and having not challenged the same for almost more than a decade, approaching the respondent with a fresh representation is nothing but an attempt to keep the issue alive, which cannot be encouraged by directing the respondent to consider the representation. Accordingly, this Court could not find any merits in favour of the petitioner, thus the Writ Petition is dismissed. No costs. 13-10-2026 Index: Yes Speaking order Neutral Citation: Yes PVS

WP No. 34036 of 2024

To

1. The Secretary To Government, The State Of Tamil Nadu Environment, Climate Changes And Forest Department, Chennai 600 009.

2. The Chairman Tamil Nadu Pollution Control Board, No 76, Mount Road, Chennai 600 032.

3. The Member Secretary Tamil Nadu Pollution Control Board, Guindy, Chennai 600 032.

WP No. 34036 of 2024

C.KUMARAPPAN, J. PVS WP No. 34036 of 2024 13-10-2026

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