K Ravi Kiran v. The Additional Director General Of Police

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.(TR) Nos.683, 2397, 2773, 2774, 2872 of 2017, W.P.(TR).Nos.26, 11, 25, 18, 17, 12, 16, 13, 15 & 14 of 2019, W.P.Nos.40758 of 2017 & 17084 of 2018 COMMON ORDER:

When the matters are taken up for hearing, learned counsel for petitioners submits that the issue raised in these writ petitions is squarely covered by the Division Bench judgments of this Court in W.P.No.19455 of 2014 and batch dated 20.04.2018 and W.P.No.7784 of and W.P(TR).No.3129 of 2017 dated 28.02.2019 and contends that the impugned removal orders were passed without giving any opportunity to the petitioners in terms of Rule 7(4) of the Madras Home Guards Rules, 1949.

Learned counsel for petitioners further submits that the Division Bench of this Court in its orders in W.P.No.19455 of 2014 and batch dated 20.04.2018 directed the respondents to reinstate the petitioners therein into service without any benefits in relation to their past service including seniority, continuity of service and attendant benefits. Learned Government Pleader appearing for the respondents has not disputed the above submission made by the learned counsel for petitioners and contended that the case of the petitioners would be considered for reinstatement into service without any benefits in relation to their past service including seniority, continuity of service and attendant benefits.

This Court, having considered the rival submissions, is of the considered view that the impugned orders are passed without giving any opportunity to the petitioners in terms of Rule 7(4) of the Madras Home Guards Rules, 1949. Therefore, the orders impugned are set aside and the respondents are directed to reinstate the petitioners into service subject to their medical fitness, without any benefits in relation to their past service including seniority, continuity of service and attendant benefits With the above observations, these writ petitions are disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

_______________________________ ABHINAND KUMAR SHAVILI, J Date: 06-08-2019 dv