Madras High Court
B. Bharathi vs The Chief Secretary on 23 September, 2015
Bench: S.Manikumar, M. Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 23.09.2015
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR. JUSTICE M. VENUGOPAL
WA SR. No. 73665 of 2015
and M.P. No. 1 of 2015
B. Bharathi .. Appellant
Vs.
1.The Chief Secretary
(Representing Government of Puducherry)
Government of Puducherry
Chief Secretariat
Puducherry 605 001.
2. The Secretary for Education
Chief Secretariat (Education)
Government of Puducherry
Puducherry 605 001.
3. The Director of Higher and Technical Education
cum Head of the Department
Government of Puducherry
PIPMATE Complex
Lawspet
Puducherry 605 008.
4. The Director cum Head of Office
Kanchi Mammunivar Centre for
Postgraduate Studies
Lawspet, Puducherry 605 008. .. Respondents
Prayer: Appeal filed under Clause 15 of Letters Patent to set aside the order dated 01.04.2015 passed in W.P.No.796 of 2015 and Miscellaneous Petitions 1 and 2 and allow the present writ appeal and subsequently, pass orders to the respondents 1 to 4, to grant and pay 18% of penal interest and subsequently order the first respondent to grant and pay the compensation of five corres to the petitioner as prayed in W.P.No.796 of 2014.
For Appellant : Mr. B. Bharathi
Party in- person
JUDGMENT
(Order of the Court was made by S.MANIKUMAR, J.) Material on record discloses that Mr.B.Bharthi, party-in-person has filed W.P.No.796 of 2015 for a mandamus directing the respondents 1 to 4 therein for immediate disbursal of all the retirement benefits such as pension, commutation of pension, gratuity, General Provident Fund, Central Government Employees Insurance Scheme, etc., and the arrears accumulated with penal interest, within two months and to direct the first respondent / Chief Secretary, Government of Puducherry to pay a compensation of not less than Rupees Five Crores to him for subjecting him and his family to humiliation, criminal intimidation, financial loss and discrimination based on caste, status and religion denial of all his rights.
2. While considering the prayer sought for, a learned Single Judge, who heard the writ petition, has taken note of an earlier order, directing the Director of Higher and Technical Education cum Head of the Department, Government of Puducherry, the 3rd respondent and a report dated 30.03.2015 produced by the Director of Higher and Technical Education, Puducherry, who had appeared, in the Court on the date of hearing and after extracting paragraph No.4 of the report dated 30.03.2015, and after hearing the party-in-person, who had prayed for interest on the delayed payment of the statutory benefits, at paragraph Nos.6 to 8 of the order in W.P.No.796 of 2015 dated 01.04.2015, has ordered as follows.
6. The respondents had paid statutory benefits to the petitioner after considerable delay. The petitioner was correct in contending that he should be paid statutory interest during the period of delay.
7. While considering the representation submitted by the petitioner, pursuant to the order dated 24.02.2015 in W.P.No.861 of 2015, the respondents should also consider the question of payment of interest to the petitioner at the rate of 9% during the period of delay.
8. In view of the payment of retirement befits to the petitioner as stated in the compliance report, nothing survives for factual adjudication in this writ petition. W.P.No.796 of 2015, has been disposed of with the above observation.
3. Material on record further discloses that in furtherance to the directions issued and observations made, the Director of Higher and Technical Education, Puducherry has passed another order dated 03.06.2015, rejecting the request for payment of interest. The grievance of the petitioner is that the respondents have not granted interest on the belated payment.
4. Instead of challenging the subsequent order, dated 03.06.2015, Mr.B.Bharathi, party-in-person has challenged the order made in W.P.No.796 of 2015, dated 01.04.2015, on the grounds that are available for challenging the subsequent order.
5. Earlier when a similar appeal in W.A.Sr.No.73662 of 2015 was filed by the very same petitioner, with a delay of 145 days, came up for hearing on 21.09.2015, Mr.B.Bharathi, party-in-person, has withdrew the appeal and while doing so, this Court gave liberty to him to challenge the subsequent order dated 03.06.2015, passed by the Director of Higher and Technical Education Department, Puducherry, rejecting payment of interest.
6. When the party-in-person has withdrawn, W.A.Sr.No.73662 of 2015, with liberty to challenge the subsequent order dated 03.06.2015, passed by the Director of Higher and Technical Education, Puducherry, we are of the view that the present Writ Appeal is not maintainable, as the directions issued by the learned Single Judge in W.P.No.796 of 2015 has resulted in a consequential order dated 03.06.2015. Party-in-person has a grievance that the directions have not been properly addressed by the respondents. He made submissions on the merits of the order dated 03.06.2015. We cannot advert to the same, unless it is challenged.
7. Observations and directions issued in W.P.No.786 of 2015 dated 01.04.2015, at the risk of repetition are as follows:
6. The respondents had paid statutory benefits to the petitioner after considerable delay. The petitioner was correct in contending that he should be paid statutory interest during the period of delay.
7. While considering the representation submitted by the petitioner, pursuant to the order dated 24.02.2015 in W.P.No.861 of 2015, the respondents should also consider the question of payment of interest to the petitioner at the rate of 9% during the period of delay.
8. If the above observations and directions issued in his favour are set aside in appeal, then nothing remains to be considered by the respondents. There may be a genuine grievance for the party-in-person, but the proper course to him, is to challenge the subsequent order dated 03.06.2015, and not to assail the correctness of the order made in W.P.No.786 of 2015, dated 01.04.2015. By setting aside the said order, we cannot put the clock back, moreso, when it has resulted in another order dated 03.06.2015, passed by the 3rd respondent.
9. In view of the above discussion, M.P. No. 1 of 2015 and Writ Appeal in W.A.Sr.No.73665 of 2015, are dismissed . No costs.
[S.M.K., J.] [M.V., J.] 23.09.2015 Index: Yes/No Internet: Yes/No ars To
1.The Chief Secretary Government of Puducherry Chief Secretariat, Puducherry 605 001.
2. The Secretary for Education Chief Secretariat (Education) Government of Puducherry, Puducherry 605 001.
3. The Director of Higher and Technical Education cum Head of the Department Government of Puducherry, PIPMATE Complex Lawspet, Puducherry 605 008.
4. The Director cum Head of Office Kanchi Mammunivar Centre for Postgraduate Studies, Lawspet, Puducherry 605 008.
S.MANIKUMAR, J., and M. VENUGOPAL J., ars WA SR. No. 73665 of 2015 and M.P. No. 1 of 2015 23.09.2015