S.Rajangam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.02.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.Nos.3586 to 3588 of 2016 and WMP.Nos.2957 to 2959 of 2016 S.Rajangam .. Petitioner in WP.No.3586 of 2016 P.Dhanasekaran .. Petitioner in WP.No.3587 of 2016 K.Gopichandran .. Petitioner in WP.No.3588 of 2016 vs

1. The State of Tamil Nadu Rep.by its Home Secretary 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 .. Respondents in all petitions Common Prayer:

Writ petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to implement the G.O.[Ms] No.15 Home (POL.V) Department dated 07.01.2010 in consonance with the order passed in Writ Appeal Nos. 361, 364 and 367 of 2012 dated 26.06.2012 and consequently direct the respondents to fix the seniority and give notional promotion with monetary benefits to the petitioners.

For Petitioners in all petitions : Mr.S.Udayakumar For Respondents : Mr.A.Kumar, in all petitions Special Government Pleader C O M M O N O R D E R The petitioners, who have served in the Police Department and retired from service on attaining the age of superannuation, have filed the above writ petitions seeking upgradation in their respective posts by way of implementing G.O.[Ms] No.15 Home

(POL.V) Department dated 07.01.2010 in consonance of an order passed by this Court in Writ Appeal Nos.361, 364 and 367 of 2012 dated 26.06.2012 and consequently to direct the respondents to fix the seniority and give notional promotion with monetary benefits to the petitioners.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing on behalf of the respondents.

3. The issue raised in these writ petitions is no longer res integra in view of the decision of this Court in W.P.No.22240 of 2015 dated 23.07.2015 [M.VADIVELU Vs.Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram and two others]. Under similar circumstances, this Court having found that one cannot seek automatic upgradation of respective posts, viz.,Grade I Constable/ Head Constable/Special Sub Inspector of Police, rejected the request made by the petitioner therein. The petitioners, in these writ petitions, are also similarly situated persons.

4. In view of the above, the relief sought for by the petitioners cannot be granted. Accordingly, following the same, all these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vj2 To

1. The Home Secretary Government of Tamil Nadu 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

+3 ccs to Mr.S.Udayakumar Advocate sr.7631 to 7633 +1 cc to Government Pleader sr.7234 W.P.Nos.3586 to 3588 of 2016 rsi(co) aa15/02/2016