T.Manivanna,(32018) v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 10.01.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.23241 of 2018 1.T.Manivannan (32018) Sub-Inspector of Police, Armed Reserved -II, 21 - PLATOON (PLN) - F "COY", Greater Chennai Police, St. Thomas Mount, Chennai - 600 016.
2.A.P.Pushparaj, (32037), Sub-Inspector of Police, Armed Reserved -II, 7 - PLATOON (PLN) - B "COY", Greater Chennai Police, St. Thomas Mount, Chennai - 600 016.
...Petitioners
Vs 1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Department of Home (Police), Secretariat, Chennai - 600 009.
2.The Director General of Police, Head of Police Force, Mylapore, Chennai - 600 004.
3.The Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram.
4.The Commissioner of Police, Greater Chennai Police, Vepery, Chenai - 600 007.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to promote the petitioners as Inspector of Police in the Police Department based on their seniority and the rank secured for the year 2004-2005 on par with their junior viz., S.Jeevarathinam and grant all consequential service benefits.
For Petitioners: Mr.M.R.Jothimanian For Respondents: Mr.C.Selvaraj Additional Government Pleader
O R D E R
With the consent of both the parties, this Writ Petition is taken up for final disposal.
2.The petitioners herein had participated in the Range Promotion Board for the drawal of "C" list of "Head Constable (Armed Reserve) fit for the promotion as Inspector of Police (Armed Reserve)" for the year 2004-2005. By Citing the charges framed under Rule 3 (b) of the Tamilnadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, their names were removed from the "C" list along with similarly placed constables. When such an action was challenged by them before this Court in W.P.No.31221 of 2005, in the case of T.Manivannan and 14 others vs. The Director General of Police and Others, this Court by its order dated 02.08.2010, had quashed the action taken by the respondents in disqualifying the petitioners from the "C" list and subsequently directed to finalise the "C" list by giving retrospective promotion to the petitioners.
The relevant portion of the order reads as follows: "19.Admittedly, there was no conviction by any criminal Court against the petitioners and the charges against the petitioners were quashed and reached finality. Hence, in the light of the decisions rendered by the Hon'ble Apex Court, the respondents cannot deny the legitimate right of promotions of the petitioners.
and 15 have to be given promotion with retrospective effect from the date on which they were eligible to get promotion on par with other similarly placed candidates and the petitioners 1,4,6,19,13 and 14 are entitled to get promotion with retrospective effect from the date on which their juniors were promoted.
22.In the result, this writ petition is allowed and the impugned order, so far as the petitioners are concerned is quashed. The respondents 1 and 2 are directed to finalise the "C" list o the basis of the marks secured by the petitioners in the range promotion board for the year 2004 and give promotion to the petitioners 2,3,5,7,8,10,11,12 and 15 with retrospective effect on par with other selected candidates, according to their original seniority and to give promotions to the petitioners 1,4,6,9,13 and with retrospective effect from the date on which their juniors were promoted and are directed to comply with the above directions, within a period of four weeks from the date of receipt of a copy of this order. However, no orders as to costs. Consequently, connected miscellaneous petitions are closed.
3.The above order of this Court has become final. As such, the petitioners herein, who were also a part of the aforesaid Writ Petition, are entitled to retrospective promotion on par with the other selected candidates.
4.Apart from their entitlement in the aforesaid manner, the respondents have granted promotion to one Thiru. S.Jeevarathinam as Inspector of Police "Armed Reserve", who was junior to them. The fact that the said Thiru. S.Jeevarathinam is junior to the Writ Petitioners, is not in dispute. The only reply given by the learned Additional Government Pleader is on the basis of the counter affidavit filed by the respondents which states that the case of Thiru S.Jeevarathinam has been proposed to the Director General of Police for obtaining orders of reversion and such orders are awaited. The counter affidavit is dated 06.06.2019 and the learned Additional Government Pleader has been instructed to state that the said file is still pending. The fact remains that no reversion order has been passed in the case of Thiru. S.Jeevarathinam. Since the said Thiru S.Jeevarathinam
is junior to the petitioner and who has been given promotion prior to the petitioners, they would also would be entitled for the promotion from the date on which Thiru.S.Jeevarathinam was promoted to the post of Inspector of Police.
5.In view of the positive orders passed by this Court in T.Manivannan case supra and in the light of the un-disputed fact that the petitioners' junior namely Thiru. S.Jeevarathinam has been promoted to the post of Inspector of Police by over looking the candidature of the petitioners' herein, the claim of the petitioners in the present Writ Petition deserves consideration. 6.Accordingly, there shall be a direction to the second respondent herein to promote the petitioners as Inspector of Police based on their seniority and the rank secured for the year 2004-2005, on par with their junior namely S.Jeevarathinam.
The second respondent herein shall endeavor to pass orders within a period of four weeks from the date of receipt of a copy of this order and consequently extent all the service and monitory benefits in view of such retrospective promotion. 7.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rst/anu To 1.The Principal Secretary to Government, State of Tamil Nadu, Department of Home (Police), Secretariat, Chennai - 600 009.
2.The Director General of Police, Head of Police Force, Mylapore, Chennai - 600 004.
3.The Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram.
4.The Commissioner of Police, Greater Chennai Police, Vepery, Chenai - 600 007.
+1cc to Mr.M.R.Jothimanian, Advocate Sr.2475 +1cc to the Government Pleader Sr.2258 W.P.No.23241 of 2018 pch[co] srg 02/02/2022