WA/3081/2023 of K.KRISHNAMOORTHY Vs THE STATE OF TAMILNADU on 31 August 2026

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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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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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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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.

WA No. 3081 of 2023

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. SLI WA No. 3081 of 2023 31-08-2026