D.Srinivasan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7758 of 2018 D.Srinivasan ... Petitioner -vs1.The Government of Tamil Nadu, Rep. by its Home Secretary, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Kamaraj Salai, Mylapore, Chennai - 600 004.

3.The Deputy Inspector General of Police, Salem Range, Salem.

4.The Superintendent of Police, Salem District, Salem.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents, to consider the petitioner's representation dated 20.11.2017 and to correct the date of promotion of the petitioner's up gradation as Special Sub- Inspector of Police (SSI) from 06.10.1990 on overall completion of 25 years of service as per judgement and G.O.Ms.No.15 Home (Police-V) Department dated 07.01.2010 and revise the pension and other monetary benefits accordingly and pay the arrears with interest accrued thereon. For Petitioner :: Mr.S.Pushpakaran For Respondents :: Mr.V.Kadhirvelu Special Government Pleader

O R D E R

The relief sought for in this writ petition is to direct the respondents to consider the representation submitted by the writ petitioner on 20.11.2017 and to correct the date of

promotion of the petitioner's up-gradation as Special SubInspector of Police from 06.10.1990 on overall completion of 25 years of service as per G.O.Ms.No.15 Home (Police-V) Department dated 07.01.2010 and revise the pension and other monetary benefits.

2.The writ petitioner was appointed as Grade-II Police Constable in the year 1965 and he was promoted to the post of Grade-I police Constable after completion of 20 years of service. Thereafter, the petitioner was promoted to the post of Head Constable on 30.01.1995 and he was not awarded with the upgradation to the post of Special Sub-Inspector of Police on completion of his 25 years of service. However, the petitioner was allowed to retire from service on 31.05.2005 in the post of Head Constable.

3.The grievances of the writ petitioner is that he is entitled to be promoted as Special Sub-Inspector of Police on completion of 25 years of service. However, the same has not been granted to him.

4.This Court is of an opinion that the writ petitioner has slept over his right and now, after a lapse of 13 years from the date of his retirement, he cannot wake up and knock the doors of the Court, seeking redressal of his remedy, in relation of his promotion to the post of Special Sub-Inspector of Police with retrospective effect from the date on which he completed 25 years of service. The cause of action for the writ petitioner in relation to his claim aroused long back, when he was eligible and was due for promotion to the post of Special Sub-Inspector of Police. Thus, now after a lapse of many years, the present writ petition cannot be entertained. The writ petitioner is now aged about 70 years old and he cannot seek promotion at this point of time with retrospective effect.

Further, the writ petitioner was allowed to retire from service on 31.05.2005 and the present writ petition is filed on 07.03.2018, after a lapse of about 13 years from the date of his retirement. 5.Under these circumstances, the writ petition is liable to be rejected solely on the ground of latches, accordingly, the same can be dismissed on the ground of latches also. 6.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.

To 1.The Government of Tamil Nadu, Rep. by its Home Secretary, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Kamaraj Salai, Mylapore, Chennai - 600 004.

3.The Deputy Inspector General of Police, Salem Range, Salem.

4.The Superintendent of Police, Salem District, Salem.

+1cc to Mr.S.Pushpakaran, Advocate SR.No.25561 W.P.No.7758 of 2018 AK(CO) GN(07/05/2018)