The Secretary To Government v. S.Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.08.2021

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.M.P.Nos.5527 to 5531 of 2017 in W.A.Sr.Nos.89382, 89387, 89403, 89408 and 89393 of 2016 C.M.P.No.5527 of 2017 Home (Police II) Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Dr. Radhakrishnan Salai,

3. The Chairman, ...Appellants Vs.

S. Selvam ... Respondent C.M.P.No.5528 of 2017:- Fort St.George, Chennai - 600 009.

2. The Chairman, ...Appellants Vs.

P. Ragu Ganesh

...Respondent

C.M.P.No.5529 of 2017:- Fort St. George, Chennai - 600 009.

2. The Chairman, No.4, 9th Cross Street, Indira Nagar, Adyar, Chennai - 600 020.

...Appellants Vs.

S. Latha

...Respondent

C.M.P.Nos.5530 of 2017:- Home(Police II) Department, Fort St. George, Chennai - 600 009.

2. The Chairman, Recruitment Board, Chennai - 600 008.

3. The Director General of Police, Dr. Radhakrishna Salai, ...Appellants Vs.

A. Sivakumar ... Respondent C.M.P.Nos.5531 of 2017:-

1. The Director General of Police, Dr. Radhakrishna Salai,

2. The Chairman, ...Appellants Vs.

S. Balakrishnan ... Respondent

Prayer in C.M.P.Nos.5527 to 5531 of 2017: Civil Miscellaneous Petitions filed under Section 5 of Limitation Act to condone the delay of 279 days in filing the above Writ Appeals against the order dated 27.01.2016 made in W.P.Nos.24766 of 2006, 23537 of 2005, 27505 of 2007, 6715 of 2008 and 33753 of 2004. Prayer in W.A.Sr.Nos.89382, 89387, 89393, 89403 and 89404 of 2016: Writ Appeals filed under Clause 15 of Letters Patent praying to set aside the order dated 27.01.2016 made in W.P.Nos.24766 of 2006, 23537 of 2005, 27505 of 2007, 6715 of 2008 and 33753 of 2004.

Prayer WP No.24766/2006 : Filed under Article 226 of the constitution of India praying for a Writ of Mandamus directing the respondents to select and appoint the petitioner as Sub - Inspector of Police in pursuance of his participation in the selection of Sub-Inspector of Police under direct recruitment quota of men for the year 1997-98.

Prayer WP No.23537/2005 : Filed under Article 226 of the constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd respondent to consider and dispose of the petitioner's representation dated 11.04.2005 sent to the 2nd respondent for considering the petitioner for appointment as Sub-Inspector of Police in respect of the petitioner's registration No.330843 in the year 1997-98 examination conducted by the 2nd respondent.

Prayer WP 27505/2007 : Filed under Article 226 of the constitution of India for the issue of Writ of Mandamus directing the respondents herein to consider the petitioners candidature for the post of Sub-Inspector of Police in the light of the decision of invalidating the zone-wise selection vide order dated 25.02.2005 made in W.P.17639/2001 etc and in accordance with the rules to be followed by the respondents herein in the process of selection in pursuant to the order within a reasonable time to be fixed by this court. Prayer WP 6715/2008 : Filed praying to issue a Writ of Mandamus to direct the respondents to select and appoint the petitioner as Sub-Inspector of Police in pursuance of his participation in the selection of Sub-Inspector of Police under direct recruitment quota of men for the year 1997-98.

as per the orders of the Tamil Nadu Administrative Tribunal in O.A.No.9825 of 1998 etc., dated 19.07.2001 and also based on the orders of the Hon'ble Supreme Court in SLP No.21828 of 2006 in Civil Appeal No.7667 of 2014, etc., dated 07.08.2014 and appoint him as Sub-Inspector of Police and grant him all consequential service and monetary benefits.

For Appellants : Mr.C.Jayaprakash in all CMPs Government Counsel For Respondents : Mr.A.Edwin Prabakar in WA SR89382/2016 In WA SRs.89403, 89408 & 89383/2016 : Mr.L.Chandrakumar In WP SR.89387/2016 : Mr.P.Satheeshkumar COMMON JUDGMENT [Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.] C.M.P.Nos.5527 to 5531 of 2017 are filed to condone the delay of 279 days in filing the Writ Appeals preferred against the order passed in W.P.Nos.24766 of 2006, 23537 of 2005, 27505 of 2007, 6715 of 2008 and 33753 of 2004 dated 27.01.2016. 2.

It is stated by the learned Government Counsel for the appellants that the order of the learned Single Judge dated 27.01.2016 passed in W.P.Nos.24766 of 2006, 23537 of 2005, 27505 of 2007, 6715 of 2008 and 33753 of 2004 has been complied with, vide proceedings Rc.No.25594/Rect.II(1)/2016, dated 23.04.2018.

3. The learned counsel appearing for the respondents/writ petitioners also confirms that the order was complied with.

4. In view of the same, nothing survives for adjudication in these petitions and the petitions filed for condonation of delay are dismissed. Consequently, the Writ Appeals are rejected at the S.R. stage itself. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn/sp

To Home (Police II) Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Dr. Radhakrishnan Salai,

3. The Chairman,

4. The Secretary to Government, Fort St.George, Chennai - 600 009.

5. The Chairman, No.4, 9th Cross Street, Indira Nagar, Adyar, Chennai - 600 020.

+1CC to the Government Pleader, Sr.No.44271 C.M.P.Nos.5527 to 5531 of 2017 in W.A.Sr.Nos.89382, 89387, 89403, 89408 and 89393 of 2016 EV (CO) K.RK. (21.09.2021)