Tamil Nadu government told to dispose of staff’s appeals related to service, retirement matters
Before parting with the case, the judge pointed out that the filing of the appeal itself is an early remedy available for the litigants.
Published: 16th March 2019 07:12 AM
By Express News Service
CHENNAI: The Madras High Court has directed the State government to issue circulars to the appellate authorities to dispose of the appeals relating to service and retirement matters from the affected government employees expeditiously within a time-frame. Justice R Mahadevan gave the directive while passing orders on a batch of writ petitions from the affected persons, on Friday.
In one case, C Alim Amber, working as a clerk in Alanganoor Primary Agriculture Co-operative Loan Society, Ramanathapuram district, was suspended from service one day prior to his retirement on July 30, 2014. Challenging this, he preferred an appeal on August 20, 2015 and the same was pending before the appellate authority for years even till now. Hence, the present petition. The judge directed the appellate authorities concerned to expedite the hearing on the appeal and complete it expeditiously.
Before parting with the case, the judge pointed out that the filing of the appeal itself is an early remedy available for the litigants. The appellate authorities, specifically created under the relevant statute, must consider them quickly. Any prolonged pendency of the appeal will naturally cause damage to the legal claim of the litigants.
“In such matters, the appellate authorities, while entertaining appeals from the date of filing, should collect the documents that are sought to be required for early disposal and complete the proceedings, within three months and after providing sufficient opportunity of hearing to both parties, dispose of the same, within six months thereafter,” the judge said.
The judge made it clear that while disposing of the appeals, the appellate authorities shall take into account the fact that because of the long pendency of appeals, if the litigant won the case after a long time, he would certainly be entitled to the consequential monetary benefits, which would cause heavy revenue loss to the government and which can be avoided if the appeals are disposed of early.
Hence, while hearing the appeals, the authorities shall not entertain unnecessary adjournments. The government should take steps for getting the appeals disposed of at the earliest and in this regard, a circular should be issued to all appellate authorities irrespective of the departments, the judge said.
Before parting with the case, the judge pointed out that the filing of the appeal itself is an early remedy available for the litigants.
Published: 16th March 2019 07:12 AM
By Express News Service
CHENNAI: The Madras High Court has directed the State government to issue circulars to the appellate authorities to dispose of the appeals relating to service and retirement matters from the affected government employees expeditiously within a time-frame. Justice R Mahadevan gave the directive while passing orders on a batch of writ petitions from the affected persons, on Friday.
In one case, C Alim Amber, working as a clerk in Alanganoor Primary Agriculture Co-operative Loan Society, Ramanathapuram district, was suspended from service one day prior to his retirement on July 30, 2014. Challenging this, he preferred an appeal on August 20, 2015 and the same was pending before the appellate authority for years even till now. Hence, the present petition. The judge directed the appellate authorities concerned to expedite the hearing on the appeal and complete it expeditiously.
Before parting with the case, the judge pointed out that the filing of the appeal itself is an early remedy available for the litigants. The appellate authorities, specifically created under the relevant statute, must consider them quickly. Any prolonged pendency of the appeal will naturally cause damage to the legal claim of the litigants.
“In such matters, the appellate authorities, while entertaining appeals from the date of filing, should collect the documents that are sought to be required for early disposal and complete the proceedings, within three months and after providing sufficient opportunity of hearing to both parties, dispose of the same, within six months thereafter,” the judge said.
The judge made it clear that while disposing of the appeals, the appellate authorities shall take into account the fact that because of the long pendency of appeals, if the litigant won the case after a long time, he would certainly be entitled to the consequential monetary benefits, which would cause heavy revenue loss to the government and which can be avoided if the appeals are disposed of early.
Hence, while hearing the appeals, the authorities shall not entertain unnecessary adjournments. The government should take steps for getting the appeals disposed of at the earliest and in this regard, a circular should be issued to all appellate authorities irrespective of the departments, the judge said.
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