M.Venu, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.06.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.Nos.20327 to 20344 of 2016 [18 cases] M.Venu .. Petitioner in W.P.No.20327 of 2016 S. Subramani .. Petitioner in W.P.No.20328 of 2016 B. Neelakandan .. Petitioner in W.P.No.20329 of 2016 A. Raman .. Petitioner in W.P.No.20330 of 2016 K. Durairaj .. Petitioner in W.P.No.20331 of 2016 C. Govindan .. Petitioner in W.P.No.20332 of 2016 P. Arumugam .. Petitioner in W.P.No.20333 of 2016 P. Selvam .. Petitioner in W.P.No.20334 of 2016 C. Chandran .. Petitioner in W.P.No.20335 of 2016 P. Ramabhai .. Petitioner in W.P.No.20336 of 2016 K. Ganesan .. Petitioner in W.P.No.20337 of 2016 S. Sudalaimuthu .. Petitioner in W.P.No.20338 of 2016 M. Krishnan .. Petitioner in W.P.No.20339 of 2016 R. Arumainathan .. Petitioner in W.P.No.20340 of 2016 G. Janakiraman .. Petitioner in W.P.No.20341 of 2016 V. Francis .. Petitioner in W.P.No.20342 of 2016 M. Babu .. Petitioner in W.P.No.20343 of 2016 M. Ramalingam .. Petitioner in W.P.No.20344 of 2016 vs

1. The State of Tamil Nadu rep.by its Home Secretary

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

4. The Superintendent of Police Vellore District, Vellore.

.. Respondents IN W.P.NOS.20327 TO 20336/16

1. The State of Tamil Nadu rep.by its Home Secretary

3. The Joint Commissioner of Police Chennai South St. Thomas Mount Chennai-16

...Respondents in W.P.Nos.20337 to

20344/16 Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order in 1. Na.Ka.No.A2(1)/757/036854/2015 dated 30.08.2015 in (W.P.No.20327 to 20329/16 and dated 27.10.15 in (W.P.Nos.20330 to 20337/16) and 2. Pa.Pi2 (The)/659/22088/2015 dated 18.8.2015 19.8.2015, 13.8.2015, 13.8.2015, 18.8.2015, 18.8.2015 9.10.2015 and 9.10.2015 in W.P.Nso.20337 to 20344 of 2016 respectively issued by the 3rd respondent to quash the same with the consequential direction the all the respondents to provide notional promotion with all salary and pension benefits as such in the case of petitioners in W.P.(MD).Nos.2888 of 2011, 2989 of 2011 order dated 27.06.2011 and 4864 of 2011 order dated 27.04.

2011 on the file of this court issued by the fourth respondent; to quash the same and to consequently direct the respondents to provide notional promotion with all salary and pension benefits as such in the case of petitioners in W.P.(MD). Nos.2888 of 2011, 2989 of 2011 order dated 27.06.2011 and 4864 of 2011 order dated 27.04.2011 on the file of this court. For Petitioners : Mr.D.Saravanan in all W.Ps.

For Respondents : Mr.A.Kumar in all W.Ps.

Special Government Pleader COMMON ORDER The petitioners in all these writ petitions, who are all retired police personnel, seek to quash the impugned order passed by the fourth respondent in rejecting the request made by them for up-gradation of their respective posts in the Police Department and to consequently, direct the respondents to provide notional promotion with all salary and pension benefits.

2. When the matter is taken up today for admission, the learned Special Government Pleader appearing on behalf of the respondents by producing the copy of the order passed by this Court in W.P.No.19779 of 2015 dated 06.07.2015 would submit that an identical issue was already considered by the learned Single Judge of this Court wherein this Court by holding that the petitioner therein cannot seek for retrospective up-gradation of his post, rejected the request made by the petitioner therein. Accordingly, he would pray that these writ petitions may also be dismissed in the light of the said judgment.

3. Heard both sides.

4. On a bare perusal of the order passed by this Court, it is seen that this Court, by considering the various Government Orders issued from time to time, with regard to up-gradation of the posts in the Police Department considering the length of their service in a particular post, has rejected the prayer sought for, on the ground that no retrospective effect could be given. The relevant portion of the said order is as follows: "10. According to the petitioner, he joined service in the year 1975 and hence, he should be upgraded as Grade I Police Constable in 1985, as Head Constable in 1990, as Special Sub Inspector of Police in 2000. He retired from service on 30.09.2009. Hence, according to him, he should be given monetary benefits as well as retirement benefits based on such fixation.

11. I have passed various orders rejecting the writ petitions of similar nature, stating that department granted concession only after issuing G.O.Ms.No.1681 dated 12.10.1992 taking into account the stagnation for so many years. The petitioner could not ask for retrospective implementation of Government Orders. Upgradation scheme was introduced and benefit was given to the petitioner as stated above. But, the petitioner wants his service to be counted from the date of entry for giving retrospective upgradation.

12. The learned counsel for the petitioner is not able to state as to how he could claim retrospective upgradation. He is not able to cite any clause in the upgradation G.Os that retrospective upgradation could be granted by counting the service from the date of entry into service.

13. In the circumstances, I am of the view that the petitioner cannot seek for retrospective upgradation, for which there is no basis."

5. Considering the facts and circumstances of the case and in view of the earlier order passed by this Court in similar circumstances, I do not find any infirmity in the impugned order passed by the fourth respondent. Accordingly, all these writ petitions are dismissed. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vj2 To

1. The Secretary to Government Home Department State of Tamil Nadu

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

4. The Superintendent of Police Vellore District, Vellore.

5. The Joint Commissioner of Police Chennai South, St. Thomas Mount Chennai-16 18 ccs to Mr.D. Ramesh kumar, Advocate, Sr. 33596 to 33613 W.P.Nos.20327 to 20344 of 2016 NM (CO) kk 29/6