P.Sivan, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P. No. 26350 of 2018 P. Sivan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep., by Additional Chief Secretary to Government, Home Department, Secretariat, Chennai - 600 009. 2.The Director General of Police, Tamilnadu Police, Chennai - 600 004.

3.The Additional Director General of Police, Armed Police, Chennai - 600 010.

4.A. Ayyasamay, Deputy Commandant of Police, (Class-I, Category-III), Tamil Nadu Special Police - VI Battalion, Madurai, Tamil Nadu.

5.Y. Yesu Chandra Bose, Deputy Commandant of Police, (Class-I, Category-III), Tamil Nadu Special Police - XII Battalion, Manimuthar, Tamil Nadu.

... Respondents Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in G.O.Ms.No.355, Home (Police.1) Department dated 1/4

29.05.2018 and quash the same and direct the respondents herein to re-fix the interse-seniority of the fourth and fifth respondents with that of the service seniority of petitioner in the post of Deputy Commandant communicated by third respondent in Rc.No.Estt.I(1)/12977/2018 dated 30.05.2018.

For Petitioner : Mr. M. Muthappan For Respondents : Mr. L.S.M. Hasan Fizal , for RR1 to 3 Additional Government Pleader Ms. K. Adhava Sneha, for RR4 & 5 for Mr. K. Ravi Anantha Padmanaban

O R D E R

Heard both side and perused the materials available on record.

2. The main issue involved in this case is, with respect to re-fixation of the inter-se-seniority of the fourth and fifth respondents with the service of the petitioner in the post of Deputy Commandant.

3. During the course of hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that, the inter-se-seniority of the petitioner and respondents 4 and 5 are re-fixed vide proceedings dated 18.12.2018 vide G.O.Ms.No.2412 Home (Police-I) Department and accordingly, the petitioner got promotion and further promotion and subsequently, he is permitted to retire on the date of attaining superannuation i.e., on 31.05.2023 and he got all benefits for which, he is entitled.

2/4

4. Learned Additional Government Pleader also produced a copy of the G.O.(Ms).No.2412 dated 18.12.2018 before this Court to substantiate his contention.

5. On perusal of the same, this Court satisfied that the relief sought by the petitioner in this writ petition is already achieved by the petitioner. Inter-se-seniority is re-fixed and subsequently, he was promoted and retired on attaining the age of superannuation and got all benefits.

6. Under these circumstances, in our considered view, no further adjudication or orders are required in this writ petition.

7. Accordingly, this Writ Petition is closed.

8. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

27.01.2025 Index :Yes/No AT 3/4

BATTU DEVANAND, J.

AT To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home Department, Secretariat, Chennai - 600 009.

2.The Director General of Police, Tamilnadu Police, Chennai - 600 004.

3.The Additional Director General of Police, Armed Police, Chennai - 600 010.

W.P. No. 22492 of 2018 and W.M.P. No. 26350 of 2018 27.01.2025 4/4