M.Duraisamy (Died) v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. Nos.8750, 8751, 8752, 8753 & 8754 of 2013 M.Duraisamy (Died) 1.Tamilarasi 2.Shyamaladevi 3.Ambika .. Petitioners in W.P.No.8750 of 2013 S.Pugazhendhi .. Petitioner in W.P.No.8751 of 2013 R.Thiyagarajan .. Petitioner in W.P.No.8752 of 2013 G.Sridharan .. Petitioner in W.P.No.8753 of 2013 K.Ramamurthy .. Petitioner in W.P.No.8754 of 2013 [Petitioners 1 to 3 in W.P.No.8750 of 2013 are impleaded vide order dated 03.08.2023 made in M.P.No.1 of 2014] -Vs1.The Government of Tamilnadu rep by the Secretary Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.
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3.The Commissioner of Police, Coimbatore City, Coimbatore.
.. Respondents in all W.Ps.
Prayer in W.P.No.8750 of 2013: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd respondent namely the Commissioner of Police, Coimbatore in Na.Ka.No.Aa2/1333/2011 dated 16.07.2012 and quash the same and consequently direct the respondents to revise the pension and other retirement benefits correspondingly by advancing the promotion of the petitioner as Special Sub-Inspector of Police notionally as on 15.07.2000, in the light of Government orders.
Prayer in W.P.No.8751 of 2013: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd respondent namely the Commissioner of Police, Coimbatore in Na.Ka.No.Aa2/1333/2011 dated 16.07.2012 and quash the same and consequently direct the respondents to revise the pension and other retirement benefits correspondingly by advancing the promotion of the petitioner as Special Sub-Inspector of Police notionally as on 13.01.2000, in the light of Government orders.
Prayer in W.P.No.8752 of 2013: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd respondent 2 / 8
namely the Commissioner of Police, Coimbatore in Na.Ka.No.Aa2/1333/2011 dated 16.07.2012 and quash the same and consequently direct the respondents to revise the pension and other retirement benefits correspondingly by advancing the promotion of the petitioner as Special Sub-Inspector of Police notionally as on 15.02.1997, in the light of Government orders.
Prayer in W.P.No.8753 of 2013: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd respondent namely the Commissioner of Police, Coimbatore in Na.Ka.No.Aa2/25475/2011 dated 12.04.2011 and quash the same and consequently direct the respondents to revise the pension and other retirement benefits correspondingly by advancing the promotion of the petitioner as Special Sub-Inspector of Police notionally as on 16.04.1998 in the light of Government orders.
Prayer in W.P.No.8754 of 2013: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd respondent namely the Commissioner of Police, Coimbatore in Na.Ka.No.Aa2/585/2013 dated 08.01.2013 and quash the same and consequently direct the respondents to revise the pension and other retirement benefits correspondingly by advancing the promotion of the petitioner as Special Sub-Inspector of Police notionally as on 15.07.2000 in the light of Government orders.
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(In all writ petitions) For Petitioner : Mr.V.Nicholas For Respondents : Mr.V.Velusamy, Additional Government Pleader C O M M O N O R D E R All these writ petitions have been filed challenging the order of rejection of their representations seeking revise and regularize their service seniority and notional promotion with all monetary benefits as per the Government Order in G.O.Ms.No.844 dated 03.06.1997.
2. The petitioners in all the writ petitions were already retired from their respective service as Special Sub Inspector of Police. The grievance of the petitioners is that though they completed more than 25 years of service as Police Constable, Grade-I, Grade-II and Head Constable, they were not promoted immediately after completion of their 25th year of service as per the G.O.Ms.No.844 dated 03.06.1997.
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3. On perusal of the G.O.Ms.No.844 dated 03.06.1997, it has fixed the norms for promotion of those who had served the Department as Grade-I constable for the period of 15 years shall be promoted as Head Constable within a period of five years and the persons, who were worked as Grade-II for a period of 10 years shall be promoted as Grade-I constable within a period of five years. After completion of 25 years, they shall be promoted to the post of Special Sub Inspector of Police. However, the petitioners were not given promotion immediately after completion of their 10 years service to the post of Grade-I constable and after completion of their 15 years service, they were not given promotion to the post of Head Constable.
Though all the petitioners retired from their respective service, they submitted the representation seeking notional promotion with all monetary benefits, which was rejected on the ground that the Government Order does not mandate that those who were completed 10 years of service as Grade-II police constable shall be promoted to the post of Grade-I constable and those who were completed 15 years of service as Grade-I Constable shall be promoted to the post of Head Constable.
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4. It is stated that subsequent to the G.O.Ms.844 dated 03.06.1997, another order was passed in G.O.Ms.15, Home (Pol.5) Department dated 07.01.2010 and ordered to upgrade the Police personnel, who had completed 10 years of service as Gr.I Police Constable, 15 years of service as Head Constable and 25 years of service as Special Sub Inspector of Police. In the said order, some cut of date also was fixed in the date of recruitment. Therefore, no instructions were issued to order upgradation by taking into date of recruitment as contended by the petitioners.
5. The Government Order is very clear that those who completed their service as Grade-II police constables shall be promoted to the post of Gr.I Police Constable and after completion of 15 years of their service, they shall be promoted to the post of Head Constable and after completion of 25 years of service, they shall be promoted to the post of Special Sub Inspector of Police.
6. In the light of the above, the impugned orders in all the writ petitions are quashed. The 3rd respondent is directed to pass fresh orders in 6 / 8
view of the Government Orders referred above, within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
7. Accordingly, all the writ petitions are Allowed. There shall be no order as to costs.
03.08.2023 (2/2) Index : Yes/No Speaking order / Non-speaking order ata To 1.The Secretary, Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.
3.The Commissioner of Police, Coimbatore City, Coimbatore.
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G.K.ILANTHIRAIYAN , J.
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