M.Jeusraj v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.No.1356 of 2023 M.Jesuraj ...

Appellant v.

1. The State of Tamil Nadu Rep. by Secretary to Government Home Department Fort St. George, Chennai-9.

2. The Director General of Police Tamil Nadu Police Department Mylapore, Chennai-4.

3. The Additional Director General of Police Armed Police Kilpauk, Chennai-10.

...

Respondents

Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 04.11.2019 passed by the learned Single Judge in W.P.No.17553 of 2017.

For Appellant ::

Ms.R.Deepika Sonali for Mr.M.Muthappan For Respondents ::

Mr.S.Silambanan Additional Advocate General Assisted by Mr.S.Balamurugan Government Advocate

J U D G M E N T

(Judgment of the Court was delivered by S.S.SUNDAR,J.) This Writ Appeal has been filed against the order of the learned Single Judge dated 04.11.2019 made in W.P.No.17553 of 2017.

2. The appellant herein is the Writ Petitioner. Writ Petition in W.P.No.17553 of 2017 was filed by the appellant challenging the proceedings of the 2nd Respondent herein in RC.No.37962/GB III(2)/2016

dated 12.04.2017 and for a direction to the Respondents to promote the appellant to the post of Deputy Commandant with effect from the date of promotion given to his juniors namely Durairaj and promote him to the above post with all monetary and service benefits including pensionary benefits.

3. The appellant appears to have filed a Writ Petition earlier in W.P.No.31293 of 2006 claiming identical relief and the same came to be dismissed on 07.07.2009 and the appeal before the Division Bench was also dismissed. The learned single Judge, by the impugned order, finding that the appellant/writ petitioner seeks to re-open the entire case, as his request stood rejected in the earlier round of litigation, has rightly dismissed the writ petition observing that he cannot be permitted to re-agitate the issue once again, which has become final. Moreover, the appellant, after attaining the age of superannuation, has filed the instant writ petition. Therefore, this Court is unable to interfere with the order of the learned Single Judge.

4. Accordingly this Writ Appeal stands dismissed. No costs. (S.S.S.R.,J.) (K.R.S.,J.) Index : yes/no 03.07.2023 arr To

1. The Secretary to Government Home Department Fort St. George, Chennai-9.

2. The Director General of Police Tamil Nadu Police Department Mylapore, Chennai-4.

3. The Additional Director General of Police Armed Police Kilpauk, Chennai-10.

S.S.SUNDAR,J.

AND K.RAJASEKAR,J.

arr W.A.No.1356 of 2023 03.07.2023