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Madras High CourtWA(MD)/408/2020dismissed

K.Govindasamy v. The Director General Of Police

2025-06-27Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD).No.2763 of 2020 K.Govindasamy ... Appellant/Petitioner Vs.

1.The Director General of Police, Mylapore, Chennai.

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

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

4.The Deputy Inspector General of Police, Ramanathapuram Range, Ramnad.

5.The Superintendent of Police, Kanyakumari District at Nagercoil.

6.The Superintendent of Police, Ramanathapuram District.

... Respondents/ Respondents

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 06.02.2020 in W.P.(MD).No.27326 of 2019 on the file of this Court and allow the Writ Appeal.

For Appellant : Mr.P.Krishnasamy For Respondents : Mr.S.P.Maharajan Special Government Pleader

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Appeal has been instituted challenging the order passed in W.P. (MD).No.27326 of 2019 dated 06.02.2020.

2. The appellant herein initially preferred W.P.(MD).No.3403 of 2018 seeking the similar relief. The Writ Court allowed the Writ Petition. Thus, the Inspector General of Police and others preferred a Writ Appeal in W.A. (MD).No.1547 of 2018. The Division Bench of this Court passed final orders in the Writ Appeal on 26.11.2018 as follows:

"8. Resultantly, the Writ Appeal is allowed in part and the order dated 02.03.2018 in W.P. No. 3403 of 2018 is modified only to the limited extent mentioned supra. The computation of the monetary benefits due to the Petitioner in pursuance of the order No. D.O. 728/2016 in C. No.

A4/35799/2016, dated 30.08.2016 shall be made expeditiously and disbursed to him and a compliance report to that effect shall be filed before the Registrar (Judicial) of this Court by 28.02.2019. No Costs. Consequently, the connected Miscellaneous Petition is closed."

3. Pursuant to the orders of the Division Bench in W.A.(MD).No.11 of 2018 dated 24.07.2018, the District Police Office issued an endorsement dated 02.03.2019 providing the breakup details regarding the amount credited in the account of the appellant herein. Not satisfied with the breakup details, the appellant once again filed a Writ Petition in W.P.(MD).No.27326 of 2019. The learned Single Judge considered the issues and passed final orders in the Writ Petition on 06.02.2020 as follows:

"3. Though the petitioner herein seeks to quash the endorsement in C.No.B2/23658/2017 dated 02.03.2019, this Court is of the view that if the objections raised by the petitioner questioning the quantum of the arrears are directed to be disposed of by the respondents, the ends of justice could be secured.

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 27.11.2019 on its own merits and pass appropriate orders within a period of eight

(8) weeks from the date of receipt of a copy of this order. This Writ Petition stands disposed of accordingly. No costs."

4. The learned counsel for the appellant, Mr.P.Krishnasamy would submit that even the said endorsement dated 02.03.2019 issued in pursuance of the order passed in the Writ Appeal itself is incorrect.

5. The learned Special Government Pleader appearing for the respondents would oppose by stating that the benefits as admissible to the appellant had already been settled and breakup details are also provided to him and even the department has already proposed to give another breakup details based on the writ order impugned in the present Writ Appeal. That apart, disciplinary proceeding was initiated against the appellant, which resulted in imposition of punishment of compulsory retirement from service on 17.05.2022.

6. Since the appellant has already been compulsorily retired from service, the respondents shall provide the breakup details based on the writ order dated 06.02.2020 passed in W.P.(MD).No.27326 of 2019. This Court do not find any infirmity in respect of the writ order impugned in the appeal.

7. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (S.M.S.,J.) (A.D.M.C.,J.) 27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Director General of Police, Mylapore, Chennai.

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

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

4.The Deputy Inspector General of Police, Ramanathapuram Range, Ramnad.

5.The Superintendent of Police, Kanyakumari District at Nagercoil.

6.The Superintendent of Police, Ramanathapuram District.

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 27.06.2025