S.Kanthasamy v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.29377 to 29416 of 2012 W.P.No.29377 of 2012:

S.Kanthasamy ... Petitioner vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Home Department, Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Police, Coimbatore District.

4.The Superintendent of Police, Thiruppur District. ... Respondents Writ Petition No.29377 of 2012 filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd and 4th respondents to revise and regularise the service seniority and give the notional promotion with monetary benefits to the petitioner on the basis of the petitioner's representation dated 4.1.2011.

W.P.No.29378 of 2012:

S.RATHINASABAPATHI S/O.SUBRAMANIAN (LATE) NO. 19 POYER VETHI, K.V. PALAYAM, POTHANOOR, COIMBATORE 641 023. ... PETITIONER FORT ST. GEORGE CHENNAI-9.

COIMBATORE DISTRICT.

4 THE SUPERINTENDENT OF POLICE THIRUPPUR DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 3rd and 4th 6.1.2011.

W.P.No.29379 of 2012:

C.PERUMAL(Rtd SSI-HC 1069) S/O.V.CHELLAN, NO. 6/B BLOCK HOUSING BOARD, ASHOK NAGAR, 58TH ST, CHENNAI 83. ...PETITIONER KAMARAJAR SALAI, MYLAPORE, CHENNAI-4.

3 THE JOINT COMMISSIONER OF POLICE, SOUTH ZONE, ST. THOMAS MOUNT, CHENNAI . ...RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 7.8.2012.

W.P No.29380 of 2012:

T.RAJENDRAN (RTD HC), S/O.THANGAMUTHU, NO.3/32A SOUBAKA AVENUE, KUNIUM PUTTUR, COIMBATORE 8. ... PETITIONER KAMARAJAR SALAI, MYLAPORE, CHENNAI-4.

COIMBATORE DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 22.8.2012.

W.P.NO.29381 OF 2012:

N.ARUNACHALAM (RTD SI 660), S/O.NARAYANAN, 8TH CROSS STREET, RAJENDRA NAGAR, SENCHI TOWN SENCHI TK, VILLUPURAM DT ... PETITIONER

VILLUPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 24.8.2012.

W.P.NO.29382 OF 2012:

S.PERUMAL (RTD HC 198), TAMILNADU POLICE DEPARTMENT, THIRUVANNAMALAI, NO.27/40 E-4 VETTAVALAM ROAD, TIRUVANNAMALAI TALUK, TIRUVANNAMALAI DISTRICT. ... PETITIONERS THIRUVANNAMALAI DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 3.9.2012.

W.P.NO.29383 OF 2012:

M.ANANDAN (RTD HC 21581), S/O.MUTHUKRISHAN, NO.11 MARUTHI ST, MUTHU LAKSHMI NAGAR, CHILAPPAKKAM, CHENNAI 64. ... PETITIONER

3 THE JOINT COMMISSIONER OF POLICE, SOUTH ZONE, ST. THOMAS MOUNT, CHENNAI. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 4.9.2012.

W.P.NO.29384 OF 2014:

M. RANGANATHAN, (RTD HC 21556), S/O. MANIKAM, NO.1 3RD CROSS ST, PUTHU NAGAR, KAMARAJA PURAM, CHENNAI 73. ... PETITIONER FORT ST. GEORGE CHENNAI-9.

3 THE JOINT COMMISSIONER OF POLICE, SOUTH ZONE, ST. THOMAS MOUNT, CHENNAI. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 4.9.2012.

W.P.NO.29385 OF 2012:

A.ANTHONYDOSS (RTD SI) S/O.AROCKIASAMY, 4/10 BALAKRISHNAN STREET, VADALOOR, CUDDALORE DISTRICT. ... PETITIONER CUDDALORE DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd 5.9.2012.

W.P.NO.29386 OF 2012:

S.RAMAMOORTHY (RTD HC 470), S/O.C.SHIDDHAN, 49/1/107 SOUTH ALAGAPURAM, SALEM DISTRICT-636 004. ... PETITIONER SALEM DISTRICT. ... RESPONDENTS

India to issue a Writ of Mandamus directing to the 2nd and 3rd 5.9.2012, 10.09.2012.

W.P.NO.29387 OF 2012:

L.DHANAM (RTD HC 23866), S/O.LAZARUS, NO.25 VADIVEL STREET, PASUPON NAGAR, PAMMAL, CHENNAI-75. ... PETITIONER 3 THE JOINT COMMISSIONER OF POLICE, SOUTH ZONE, ST. THOMAS MOUNT, CHENNAI. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd petitioner on the basis of the petitioner representation dated 10.9.2012.

W.P.NO.29388 OF 2012:

A.RANGANATHAN (RTD HC 837) S/O.HARIKRISHNAN, 8TH CROSS STREET, RAJENDRA NAGAR, GINGHI TOWN, GINGHI TALUK, VILLUPURAM DISTRICT. ... PETITIONER

FORT ST. GEORGEM CHENNAI-9.

2 THE DIRECTOR GENERAL OF POLICEM KAMARAJAR SALAIM MYLAPOREM CHENNAI-4.

VILLUPURAM, VILLUPURAM DISTRICT. ... PETITIONERS India to issue a Writ of Mandamus directing the 2nd and 3rd petitioner on the basis of the petitioner representation dated 13.9.2012.

W.P.NO.29389 OF 2012:

P.NATARAJAN (RTD SI) S/O.POTTURAJAN, NO.202/B, VIKNESHWAR NAGAR, OLD NEIVELI, NEIVELI-607 802.

CUDDALORE DISTRICT. ... PETITIONER CUDDALORE DISTRICT. ... RESPONDENT India to issue a Writ of Mandamus directing the 2nd and 3rd 9.10.2012.

W.P.NO.29390 OF 2012:

R.NAGARAJAN (RTD SSI-HC 21573) S/O RAMASWAMY, 4/72 PARTHASARATHI ROAD, 11TH ST, NANMANGALAM, CHENNAI-117. ... PETITIONER 3 THE JOINT COMMISSIONER OF POLICE, SOUTH ZONE, ST.THOMAS MOUNT, CHENNAI. ... RESPONDENT India to issue a Writ of Mandamus directing the 2nd and 3rd 17.09.2012.

W.P.NO.29391 OF 2012:

M.THANIGACHALAM, (RTD SSI, HC-581), S/O.MANICKAM, NO.201, PERIYAKARAI KADU, KAPPERKUVARI (PO), CUDDALORE DISTRICT. ... PETITIONER

CUDDALORE DISTRICT. ... RESPONDENT India to issue a Writ of Mandamus directing the 2nd and 3rd 24.09.2012.

W.P.NO.29392 OF 2012:

T.AMBIKAPATHI, (RTD SSI), S/O.S.THOTISAMY, 2/59, RAMALINGAM NAGAR, SUBBAROYAL NAGAR NEAR, THIRUPA PULIYUR, CUDDALORE DISTRICT. ... PETITIONER CUDDALORE DISTRICT. ... RESPONDENT India to issue a Writ of Mandamus directing the 2nd and 3rd 24.09.2012.

W.P.NO.29393 OF 2012:

M.APPALRAJ (RTD HC 551) S/O.MANICKAM, NO.22/190 OMAMPULIYUR MAIN ROAD, KAKKAN NAGAR, THERKIRUPU, RAJENDRAN SOLAN POST, KATTU MANNAR KUDI TALUK CUDDALORE DISTRICT. ... PETITIONER CUDDALORE DISTRICT. ... RESPONDENT India to issue a Writ of Mandamus directing the 2nd and 3rd 25.9.2012.

W.P.NO.29394 OF 2012:

S.NADESAN (RTD HC 476) S/O.CHENGANI, NO.22, ANNAI ILLAM, EAST KANDHASAMYPURAM, ULUNTHURPETTAI PO, ULUNTHURPETTAI TALUK, VILLUPURAM DISTRICT. ... PETITIONER

VILLUPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 25.9.2012.

W.P.NO.29395 OF 2012:

A.KASI (RTD HC 148), S/O.AMMASI, NO.754 SALEM MAIN ROAD, MAHASAKTHI NAGAR, CHINNA SALEM, KALLAKURICHI TALUK, VILLUPURAM DISTRICT. ... PETITIONER VILLUPURAM RANGE, VILLUPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 4.10.2012.

W.P.NO.29396 OF 2012:

A.RAJENDRAN (RTD SSI HC 304), S/O.ANGUSAMY, 32 MUTHUSAMY THERU, SEVVAIPETTAI, SALEM-2. ... PETITIONER 3 THE COMMISSIONER OF POLICE, SALEM CITY, SALEM. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 4.10.2012.

W.P.NO.29397 OF 2012:

V.S.VISVANATHAN (RTD HC-791), L.342 POLICE COLONY, BHARATHI NAGAR (VIA), GANAPATHY POST, COIMBATORE DISTRICT-641 006. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, COIMBATORE DISTRICT.

... RESPONDENT

India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and petitioner on the basis of the petitioner representation dated 05.10.2012.

W.P.NO.29398 OF 2012:

P.SUGUMARAN (RTD-HC 21703), S/O.M.PARAMU, NO.5 EAST CROSS STREET, PLOT NO.685 SRI METHA NAGAR, KUNDRATHUR, CHENNAI- 69. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, 3 THE JOINT COMMISSIONER OF POLICE, SOUTH ZONE, ST. THOMAS MOUNT, CHENNAI. ... RESPONDENT India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 06.10.2012.

W.P.NO.29399 OF 2012:

A.PALANIMUTHU (RTD. SSI HC-296) , S/O.ARUMUGAM, 332-1 PUTHIYA WEST STREET, LINE ROAD, GUGAI, SALEM- 6. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU,

3 THE COMMISSIONER OF POLICE, SALEM CITY, SALEM. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 06.10.2012.

W.P.NO.29400 OF 2012:

K.THANGARAJ (RTD SI), S/O.KANNAN, 34 JEEVA NAGAR, KAKUPPAM ROAD, VILLUPURAM DISTRICT-605 602. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, VILLUPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 09.10.2012.

W.P.NO.29401 OF 2012:

T.RAMACHANDRAN (RTD SI), S/O.R.THANGARASU, NO.1-550, HOSPITAL STREET, SENNIYANALLUR, PERAMPUR POST, SEERKALI TALUK, NAGAI DISTRICT. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, CUDDALORE DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 09.10.2012.

W.P.NO.29402 OF 2012:

P.RAMAKRISHNAN (RTD SI), S/O.POOMALAI, NO.106, BHARATHI NAGAR, KATTU KOODALUR ROAD, VIRUTHACHALAM TOWN. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU,

CUDDALORE DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 09.10.2012.

W.P.NO.29403 OF 2012:

M.MUNIYANDI (RTD SSI), S/O.MARIYAPPAN, 2/1 SANNAATHAI STREET, METTU THANDALAM, THIRUPPORUR, KANCHIPURAM DISTRICT. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, KANCHEEPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 11.10.2012.

W.P.NO.29404 OF 2012:

C.KASINATHAN (RTD SI-1000), S/O.CHINNAPPAN, NO.7/6 MANDAPAM CROSS STREET, C2 NEELAGANDAN PALACE, KEELPAKAM, CHENNAI- 10. ... PETITIONER

1 THE GOVERNMENT OF TAMILNADU, 3 THE COMMISSIONER OF POLICE, CHENNAI CITY, CHENNAI. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 11.10.2012.

W.P.NO.29405 OF 2012:

V.NATARAJAN (RETD SSI), S/O.VADIVEL, NO.18 L.I.G.-NH-1, SEKKILAR STREET, MARAI MALAR NAGAR, KANCHIPURAM DISTRICT. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, KANCHEEPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 11.10.2012.

W.P.NO.29406 OF 2012:

V.P.K.GUASEKARAN (RTD SSI), S/O.KAVERI, 26 KAMARAJAPURAM 1ST STREET, NANTHIVARAM, GUDUVANCHERRY, KANCHEEPURAM DISTRICT. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, KANCHIPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 11.10.2012.

W.P.NO.29407 OF 2012:

LOID JASPUR (RTD SSI), S/O.CHARLES, 4/239 MAPP MAIN ROAD, CHATRAS, THIRUKALUKUNDRAM TALUK, KANCHEEPURAM DISTRICT. ... PETITIONER KANCHIPURAM DISTRICT. ... RESPONDENTS

India to issue a Writ of Mandamus directing the 2nd and 3rd 11.10.2012.

W.P.NO.29408 OF 2012:

M.SUBASH MOHAMMED (RTD SSI), S/O.MAHUBB BADZHA, NO.7 POLICE QUARTERS, MAMALLAPURAM, KANCHEEPURAM DISTRICT. ... PETITIONER KANCHIPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 11.10.2012.

W.P.NO.29409 OF 2012:

D.ELUMALAI (RTD SI), S/O.DHARMALINGAM, 87/2 MAMALLAPURAM ROAD, KAANA KUYIL PETAI, THIRUKALUKUNDRAM TALUK, KANCHEEPURAM DISTRICT. ... PETITIONER

KAMARAJAR SALAI, MYLAPORE CHENNAI-4.

KANCHIPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 11.10.2012.

W.P.NO.29410 OF 2012:

A.MANIKANDAN (RTD SSI), MANISQUIER, KANCHEEPURAM HIGH ROAD, TIMMAPURAM, SHENGALPATT VIA, SHENGALPATT DISTRICT. ... PETITIONER KANCHIPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 12.10.2012.

W.P.NO.29411 OF 2012:

P.K.SUBRAMANIAN (RTD SSI), NEW NO.43 OLD NO.13, 1ST SOUTH KAMARAJAPURAM, GUDUVANCHERRY, KANCHEEPURAM DISTRICT. ... PETITIONER

KANCHIPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 12.10.2012.

W.P.NO.29412 OF 2012:

V.ARUMUGAM (RTD SSI HC723), S/O.VENUGOPAL, NO.9 SUNDARAMPAL NAGAR, THATANSAVADI, PANRUTI, CUDDALORE DISTRICT. ... PETITIONER CUDDALORE DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 12.10.2012.

W.P.NO.29413 OF 2012:

P.SENKUTUVAN (RTD SI), S/O.PONNUSAMY, 12/33 THIRU VI KA STREET, KAVERIPAKKAM, DINDIVANAM, VILLUPURAM DISTRICT. ... PETITIONER VILLUPURAM DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing the 2nd and 3rd 12.10.2012.

W.P.NO.29414 OF 2012:

KRISHNAN (RETD. SSI), S/O.RANGASAMY, 130A MELA VEETHI, THIRUKOILUR, VILLUPURAM DISTRICT. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, VILLUPURAM, VILLUPURAM DISTRICT. ... RESPONDENTS

India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 12.10.2012.

WP No.29415 OF 2012:

K.CHAKRAVARTHY (RETD. SI), S/O.KANNUSAMY, NO.26 KALIYAPERUMAL STREET, NLC OFFICER NAGAR, VADALOOR, CUDDALORE DISTRICT. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU, CUDDALORE, CUDDALORE DISTRICT. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 12.10.2012.

W.P.NO.29416 OF 2012:

T.PAUL PANDIAN (RTD GRADE I PC-2334), S/O.THIRUNAMA PERUMAL, NO.64 VOC STREET, KAMARAJA PURAM, MADURAI-9. ... PETITIONER 1 THE GOVERNMENT OF TAMILNADU,

3 THE COMMISSIONER OF POLICE, CHENNAI CITY, CHENNAI. ... RESPONDENTS India to issue a Writ of Mandamus directing to the 2nd and 3rd respondents to revise and regularise the service seniority and 15.10.2012.

For petitioners : Mr.A.Rajaram For respondents : Mr.K.J.Sivakumar Government Advocate COMMON ORDER Mr.K.J.Sivakumar, learned Government Advocate, takes notice for the respondents.

2. The learned counsel for the petitioners submitted that the issue raised in the present Writ Petitions is squarely covered by the common order dated 21.9.2012 passed by this Court in W.P.Nos.25624 to 25628 of 2012 wherein the identical case of the similarly placed persons have been considered and the Writ Petitions were disposed of.

3. For the sake of better understanding, the order dated 21.9.2012 passed by this Court in W.P.Nos.25624 to 25628 of 2012 is extracted hereunder:- "The petitioners are all retired Head Constables of Police. According to them, they are entitled for the benefits of Government Orders in G.O.Ms.No.844, Home (Police-v) Department, dated 03.06.1997 and G.O.Ms.No.13, Home (Police-V) Department, dated 6.1.2010. According to the petitioners, similarly placed persons made representations for revising their pay scale based on the above Government Orders. They were all rejected. Therefore, they filed a batch of Writ Petitions before this Court in W.P.Nos.16728 of 2012 and etc., batch wherein by order dated 03.07.2012, this Court set aside the rejections orders and directed the respondents to reconsider the claim of those petitioners. Para 9 of the said order reads as follows:-

"9. In the light of the said submissions, respective impugned orders dated 3.6.2011, 7.6.2011, 11.4.2011, 18.4.2011, 21.4.2011 are set aside.

The respondents are directed to reconsider the claim made by the petitioners based on the Government Orders referred above, bearing-in-mind, the earlier orders and pass fresh orders.

Necessary orders are directed to be passed within a period of four months from the date of receipt of a copy of this order.

All the Writ Petitions are disposed of with the above directions.

No costs."

2. In the cases on hand, of course, it is true that there was no claim made and as such, there is no rejection of their claim.

3. In my considered opinion, since this Court has taken a view earlier in the Batch of Writ Petitions in W.P.Nos.16728/2012 and etc., batch to direct the respondents to consider such representations based on the above Government Orders, I am of the view that the petitioners herein may also be extended the same benefit.

4. In such view of the matter, all the above Writ Petitions are disposed of with a direction to the respondents to consider the case of the petitioners in the light of the above said two Government Orders and in the light of the order passed by this Court in the Batch of Writ Petitions in W.P.Nos.16728/2012 and etc., batch. No costs. Consequently, connected Miscellaneous Petitions are also closed."

4. In the light of the above said order passed by this Court and in the light of the aforesaid Government Orders, the third respondent is directed to consider the representation of the respective petitioners and pass orders by taking into consideration of the order dated 21.9.2012 passed by this Court in W.P.Nos.25624 to 25628 of 2012, within a period of 3 months from date of receipt of a copy of this order.

5. In the result, the Writ Petitions are allowed. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar asvm To 1.The Secretary to Home Department, The Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Police, Coimbatore District.

4.The Superintendent of Police, Thiruppur District.

5.The Joint Commissioner of Police, South zone, St.Thomas Mount, Chennai.

6.The Superintendent of Police, Villupuram District.

7.The Superintendent of Police, Thiruvannamalai District.

8.The Superintendent of Police, Cuddalore District.

9.The Superintendent of Police, Salem District.

10.The Superintendent of Police, Villupuram District.

11.The Deputy Inspector General of Police, Villupuram Range, Villupuram District.

12.The Commissioner of Police, Salem City, Salem.

13.The Commissioner of Police, Chennai City, Chennai.

14.The Superintendent of Police, Thiruvarur District.

15.The Superintendent of Police, Kanchipuram.

+20cc to Mr.A.Rajaram, Advocate Sr.11821 +1cc to the Government Pleader Sr.12142 W.P.No.29377 to 29416 of 2012 ks[co] srg 11/04/2017