S.Nagarajan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.24624 of 2024 and W.M.P.Nos.26945 & 26947 of 2024 1.S.Nagarajan 2.V.Ramkumar 3.S.Arivumani 4.C.Balakrishnan 5.R.Viswanathan 6.Ashok Kumar 7.V.Kumat 8.S.Kalyanasundaram 9.R.Perumalswamy 10.P.Ramakrishnan 11.S.Ramkumat 12.D.Selvam ... Petitioners Vs.
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1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home (Police V) Department, Fort St. George, Chennai - 600 009.
2.The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3.The Chairman, T.N. Uniformed Services Recruitment Board, Old Commissioner's Office Road, Egmore, Chennai - 600 008.
4.The Additional Director General of Police, Armed Police, Headquarters, Kilpauk, Chennai - 10.
5.The Inspector General of Police, Armed Police, Trichy.
6.The Commandant, V Battalion, Madurai 16.
7.M.S.Sundaresan 8.B.Ashok Kumar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the impugned Memorandum issued in Rc 2/6
No.398507/Rect.I(2)/2020 dated 24.7.2024 and quash the same and direct the respondents to restore the seniority of the petitioners by taking into consideration the date of appointment to service and also the marks obtained at the end of the institutional training.
For Petitioner : Mr.M.Muthappan For Respondent : Mr.M.Bindran Additional Government Pleader for R1, R2, R4 and R6 Mr.Sowmi Dattan for R3
O R D E R
This writ petition has been filed challenging the proceedings of the 2nd respondent dated 24.7.2024 and for a consequential direction to the respondents to restore the seniority of the petitioners by taking into consideration the date of their appointment to service and also the marks obtained at the end of the institutional training.
2.Heard Mr.M.Muthappan, learned counsel appearing on behalf of the petitioner, Mr.M.Bindran, learned Additional Government Pleader appearing on 3/6
behalf of respondents 1, 2, 4 & 6 and Mr.Sowmi Dattan, learned counsel appearing on behalf of the 3rd respondent.
3.In the considered view of this Court, the proceeding dated 24.07.2024 is as a result of the orders passed by this Court in W.P.(MD) No.7266 of 2020 and which was further confirmed by the Division Bench in W.A.(MD)No.1624 of 2023 by an order dated 27.09.2023. If the petitioners have any grievance on the orders passed by this Court on the ground that certain material facts were not placed before the Court, it is left open to the petitioners to go and seek for a review or a recall of the order passed in the writ petition/writ appeal. An independent writ petition will not lie before this Court. Except giving this clarity, no further orders can be passed in this writ petition.
4.The learned counsel appearing on behalf of the petitioner submitted that already a review application has been filed. Considering this submission, it is always left open to the petitioners to workout their remedy in the review application. The order passed in this writ petition will not come in the way of the petitioners to workout their remedy.
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5.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petitions are closed. 23.08.2024 Internet : Yes (2/2) Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Secretary to Government, State of Tamil Nadu, Home (Police V) Department, Fort St. George, Chennai - 600 009.
2.The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3.The Chairman, T.N. Uniformed Services Recruitment Board, Old Commissioner's Office Road, Egmore, Chennai - 600 008.
4.The Additional Director General of Police, Armed Police, Headquarters, Kilpauk, Chennai - 10.
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N. ANAND VENKATESH, J.
ssr 5.The Inspector General of Police, Armed Police, Trichy.
6.The Commandant, V Battalion, Madurai 16.
W.P.No.24624 of 2024 and W.M.P.Nos.26945 & 26947 of 2024 23.08.2024 (2/2) 6/6