M.Xavier, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY M.Xavier .. Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Home (Police V), Department, Fort St. George, Chennai 600 009.

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

3.The Commissioner of Police, Vepery, Chennai 600 007.

4.The Additional Commissioner of Police (Traffic), Vepery, Chennai 600 007.

5.The Accountant General (A & E), Teynampet, Chennai 600 018.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records 1/4

relating to the proceedings bearing Na.Ka.No.PB2/ Traffic / 643 / 19135 / 2014 dated 25.07.2014 of the 4th Respondent herein viz., the Additional Commissioner of Police (Traffic), Chennai Police, Vepery, Chennai and quash para-2 of the said proceeding in so far as it denies the benefit of Up-gradation scheme be given effect to only from the date of issuance of G.O. and not with retrospective effect as violative of Articles 14, 16 & 21 of the Constitution of India and consequently to direct the Respondents herein to accord notional promotion to the petitioner in the post of Sub-Inspector of Police as has been extended to similarly placed persons as per G.O.Ms.No.937, Home [Police-III] Department dated 21.07.1998 and G.O.Ms.No.15, Home [Police-V] Department dated 07.01.

2010 and to revise and re-fix the pension and pensionary benefits of the petitioner herein and disburse all the arrears from its due namely from 11.04.1983 as first Grade Police PC, from 11.04.1988 as Head Constable, from 11.04.1998 as Special Sub Inspector of Police, from 11.04.2000 till the date of retirement 31.01.2006 as Sub-Inspector of Police and consequently direct the Respondents herein to revise the pension from 01.02.2006 and pay the arrears arising out of such up-gradation, revision and re-fixation and pay the same to the petitioner within a short date that may be fixed by this Court.

2/4

For Petitioner : Mr.K.S.Govindaprasad For Respondents : Mr.K.Suresh, Government Advocate

O R D E R

Learned erstwhile counsel for the petitioner submits that he has been unable to contact the legal heirs of the deceased petitioner. 2.In view thereof, W.P.No.25581 of 2014 is dismissed as abated by leaving it open to the legal heirs of the petitioner to re-apply. There will be no order as to costs.

18.12.2024 Index : Yes / No Internet : Yes / No kj To 1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Home (Police V), Department, Fort St. George, Chennai 600 009.

3/4

SENTHILKUMAR RAMAMOORTHY,J.

Kj 2.The Director General of Police, Mylapore, Chennai 600 004.

3.The Commissioner of Police, Vepery, Chennai 600 007.

4.The Additional Commissioner of Police (Traffic), Vepery, Chennai 600 007.

5.The Accountant General (A & E), Teynampet, Chennai 600 018.

18.12.2024 4/4