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Madras High CourtWA(MD)/172/2018disposed of

Yasothai v. G.Bharathamatha(Retd)

2018-09-17Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR W.A(MD)No.172 of 2018 and C.M.P.(MD) Nos.968 and 969 of 2018 W.A.(MD) No.127 of 2017 and C.M.P.(MD) No.1260 of 2017 and W.A.(MD) No.650 of 2015 In W.A.(MD) No.172 of 2018:

Yasothai

...Petitioner/4th Respondent

Vs.

1.G.Bharathamatha 2.V.Nagarathinam 3.R.Vasantharani 4.S.Ganasoundari ..Respondents 1 to4/Petitioners 5.The Inspector General of Police, South Zone, Madurai.

6.The Deputy Inspector General of Police, Madurai Range, Madurai.

7.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.

8.Saratha 9.Vijaya 10.Kamalavathy 11.Maria Glory 12.Theivanai 13.Jeyalakshmi 14.Devika 15.D.M.Malar 16.R.Shanthi ... Respondents 5 to 16/Respondents 1 to 3 & 5 to 13 PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 25.02.2014 made in W.P.(MD) No.1542 of 2010.

Prayer in WP(MD). 1542/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the revision of seniority passed by the 3rd respondent in his

proceedings C.No. A2/11308/2008/R.O.No. 139/2009 dated 12.06.2009 in so far as respondent Nos. 4 to 13 are concerned and the consequential memorandum passed by the 1st respondent in his proceedings No. 4757/A1/09 dated 29.10.2009 and communicated by the 2nd respondent in his proceedings C.No. A1/7727/1237/09 dated 27.11.2009 and quash the same as illegal and consequently to direct the respondents 1 to 3 to promote the petitioners as inspectors of police w.e.f. the date on which their juniors were promoted. For Appellant :Mr.M.Subash Babu Mr.A.K.Baskara Pandian Special Government Pleader For R1 to R4 :Mr.H.Md.Imran for M/s.Ajmal Associates For R9, 10, 12, R13 to R16 :Mr.R.Rajesh For R5 to R7 :Mr.AK.Baskarapandian For R8, R11 : NA In W.A.(MD) No.127 of 2017:

1.The Inspector General of Police, South Zone, Madurai.

2.The Deputy Inspector General of Police, Madurai Range, Madurai.

3.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.

.. Appellants/Respondents 1 to 3 Vs.

1.A.Muniyammal Sub-Inspector of Police, All Women Police Station,Thirumangalam, Madurai District.

2.B.Jenova 3.Jasmine Vasantharani 4.M.Dhanapandi 5.G.Amirtham 6.R.Lakshmi 7.Pandiyammal 8.V.Rajakumari

9.Panchavarman 10.D.Amutha 11.Vijayalakshmi 12.C.Prasanna Gnanasoundari 13.Geetharamani 14.V.Vijayal 15.Padmavathi 16.C.Saratha 17.G.Rajeshwari 18.L.Sagayarani 19.M.Velammal 20.P.Maragatham 21.Mumtaj Nizar ..Respondents 1 to 21/Petitioners 1 to 21 22.Yasothai 23.Saratha 24.Vijaya 25.Kamalavathy 26.Maria Glory 27.Theivannai 28.Jeyalakshmi 29.Devika Jeyalakshmi Sub-Inspector of Police, Karaikudi North Police Station, Sivagangai District.

30.D.M.Malar 31.Jeyalakshmi 32.Anarkili

33.Parameshwari 34.R.Shanthi ... Respondents 22 to 34/Respondents 4 to 16 PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 11.11.2014 made in W.P.(MD) No.10989 OF 2010.

Prayer in WP(MD). 10989/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the revision of seniority passed by the 3rd Respondent in his proceedings C.No.A2/11308/2008/R.O.No.139/2009 dated 12-06-2009 in so far as Respondent Nos.4 to 16 are concerned and the consequential memorandum passed by the 1st Respondent in his proceedings No.4757/A1/09 dated 29-10-2009 and communicated by the 2nd Respondent in its proceedings C.No.A1/7727/1237/09 dated 27-11-2009 and quash the same as illegal and consequentially to direct the Respondents 1 to 3 to promote the petitioners as Inspectors of Police with effect from the date on which their juniors were promoted.

For Appellant : Mr.A.K.Baskara Pandian Special Government Pleader For R1 to R3 & R18: Mr.R.Sundar For R6 to R9, R12, R15 & R21 : Mr.B.Gurumoorthy For R11,13, 14 19 & 20 : Mr.S.Chellapandian R4,R5,10,R16,R17 : No appearance In W.A.(MD) No.650 of 2015:

1.The Inspector General of Police, South Zone, Madurai.

2.The Deputy Inspector General of Police, Madurai Range, Madurai.

3.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.

.. Appellants/Respondents 1 to 3 Vs.

1.G.Bharathamatha 2.V.Nagarathinam 3.R.Vasantharani 4.S.Ganasoundari 5.Yasothai 6.Saratha 7.Vijaya 8.Kamalavathy 9.Maria Glory 10.Theivanai 11.Jeyalakshmi 12.Devika 13.D.M.Malar 14.R.Shanthi ..Respondents/Petitioners PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 25.02.2014 made in W.P.(MD) No.1542 of 2010.

Prayer in WP(MD). 1542/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the revision of seniority passed by the 3rd respondent in his proceedings C.No. A2/11308/2008/R.O.No. 139/2009 dated 12.06.2009 in so far as respondent Nos. 4 to 13 are concerned and the consequential memorandum passed by the 1st respondent in his proceedings No. 4757/A1/09 dated 29.10.2009 and communicated by the 2nd respondent in his proceedings C.No. A1/7727/1237/09 dated 27.11.2009 and quash the same as illegal and consequently to direct the respondents 1 to 3 to promote the petitioners as inspectors of police w.e.f. the date on which their juniors were promoted. For Appellants : Mr.A.K.Baskara Pandian Special Government Pleader For R1 to R4 :Mr.H.Md.Imran for M/s.Ajmal Associates R5 to R12 :NA COMMON JUDGMENT (Judgment of this Court was delivered by M.M. SUNDRESH, J.) Since the appeals are arising out of the same issue, they have taken up together and dispose of by this common judgment.

2. A seniority list was drawn way back in the year 1981 in the cadre of Woman Constable Grade-II. Much water flown under the bridge over the years resulting in subsequent promotion as Grade-I, Head Constable, Sub-Inspector of Police and Inspector of Police.

3. In the year 2008, the appellant in W.A.(MD) No.172 of 2018

filed a writ petition in W.P.(MD) No.451 of 2008 and got a direction to consider her representation. In pursuant to the same, the appellants, who filed W.A(MD)No.650 of 2015, passed the order reversing the seniority list drawn in the year 1981. This order was passed on 12.06.2009. Apparently it was also passed without hearing the writ petitioners.

4. The learned single Judge allowed the writ petitions on two grounds. Firstly, settled things sought to be unsettled after more than two decades. The writ petitioners have not been heard at the time of passing the impugned order. Challenging the same, the present appeals in W.A.(MD) Nos.127 of 2017 and 650 of 2015 have been filed.

5. The learned counsel appearing for the appellants would submit that seniority list was drawn wrongly both on fact and on law. Notwithstanding the marks it was drawn. This Court is unable to accept the said contention. In service prudence, the issue qua delay and latches will have to be viewed more seriously. The first seniority list was drawn way back in the year 1981. A representation was made in the year 2009. A mere representation made notwithstanding the numerous promotions made in the interregnum cannot and shall not be allowed to circumvent delay and latches. It appears that the representation itself has been given after 10 years. There was no challenge to the subsequent promotion as GradeI, Head Constable, Sub-Inspector of Police and Inspector of Police. The impugned order was also passed without hearing the writ petitioners, who acquired vested rights. Even otherwise promotions made subsequently are not challenged and thus cannot be set aside. Therefore, viewing from any perspective, this Court does not find any merit in the writ appeals.

6. In the result, the Writ Appeals in W.A.(MD) No.650 of 2015 and 127 of 2017 are dismissed. In view of the order passed in these writ appeals, W.A.(MD) No.172 of 2018 is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-II) TO 1.THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, MADURAI.

2.THE DEPUTY INSPECTOR GENERAL OF POLICE, MADURAI RANGE, MADURAI.

3.THE DEPUTY INSPECTOR GENERAL OF POLICE, RAMANATHAPURAM RANGE, RAMANATHAPURAM.

• +1 CC TO Mr.M.SUBASH BABU, ADVOCATE IN SR No.85090. • +1 CC TO M/S.AJMAL ASSOCIATES , ADVOCATE IN SR No.84933. • +1 CC TO Mr.S.CHELLAPANDIAN , ADVOCATE IN SR No.84961. +1 cc to Special Government Pleader, SR.No.85344 CM DS RP SAR2 20 11 2018 7P 8C W.A(MD)No.172 of 2018 and C.M.P.(MD) Nos.968 and 969 of 2018 W.A.(MD) No.127 of 2017 and C.M.P.(MD) No.1260 of 2017 and W.A.(MD) No.650 of 2015 17.09.2018