The Director General Of v. Tr.M.Bazeer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2015
CORAM:
THE HONOURABLE Mr. JUSTICE S.MANIKUMAR and THE HONOURABLE Mr. JUSTICE G.CHOCKALINGAM W.A.(MD)Nos.328, 330, 331, 332, 333, 334 and 335 of 2015 and M.P.(MD)Nos.2,3,2,2,1,2,2,3,2,3,2,2 and 3 of 2015 1.THE DIRECTOR GENERAL OF POLICE, KAMARAJAR SALAI, MYLAPORE, CHENNAI 600 004.
2.THE COMMISSIONER OF POLICE, TRICHY CITY.
..APPELLANTS IN WA(MD)NO.328/2015 1.THE DIRECTOR GENERAL OF POLICE KAMARAJAR SALAI, MYLAPORE, CHENNAI-600 004. 2.THE COMMISSIONER OF POLICE TRICHY CITY. ...APPELLANTS in WA(MD) No.330 of 2015 1.THE DEPUTY INSPECTOR GENERAL OF POLICE, MADURAI RANGE MADURAI.
2.THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT ,W VIRUDHUNAGAR. ...APPELLANTS in WA(MD) No.331 of 2015 1.THE DEPUTY INSPECTOR GENERAL OF POLICE , MADURAI RANGE, MADURAI. 2.THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR . ... APPELLANTS in WA(MD) No.332 of 2015 1.THE STATE OF TAMILNADU REP BY ITS SECRETARY , HOME DEPARTMENT NEW SECRETARIAT BUILDING , ANNA SALAI, SANTHOME , CHENNAI- 004.
3.THE DEPUTY INSPECTOR GENERAL OF POLICE , TIRUNELVELI RANGE TIRUNELVELI DISTRICT.
4.THE SUPERINTENDENT OF POLICE KANAYAKUMARI DISTRICT ...APPELLANTS in WA(MD) No.333 of 2015 1.THE STATE OF TAMILNADU REP BY ITS SECRETARY , HOME DEPARTMENT, NEW SECRETARIAT BUILDING , ANNA SALAI, CHENNAI- 002.
SANTHOME, CHENNAI- 004.
3.THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRUNELVELI RANGE TIRUNELVELI DISTRICT.
4.THE SUPERINTENDENT OF POLICE KANAYAKUMARI DISTRICT ...APPELLANTS in WA(MD) No.334 of 2015 1.THE STATE OF TAMILNADU REP BY ITS SECRETARY, HOME DEPARTMENT NEW SECRETARIAT BUILDING , ANNA SALAI, SANTHOME , CHENNAI- 004.
3.THE DEPUTY INSPECTOR GENERAL OF POLICE , TIRUNELVELI RANGE TIRUNELVELI DISTRICT 4.THE SUPERINTENDENT OF POLICE KANAYAKUMARI DISTRICT ...APPELLANTS in WA(MD) No.335 of 2015 -VSTR.M.BAZEER HEAD CONSTABLE 428 (RTD) 66/A3 PANGALI ST.
WORAIYUR TRICHY -03. ... RESPONDENT in WA(MD) No.328 of 2015 TR.P.JAYAMOORTHY HEAD CONSTABLE 351 (RTD) 5/115 WEST ST.
KIDARAMAKONDAN POST GANGAIKONDAN SOLAPURAM VIA. UDAIYAR PALAYAM (TK) ARIYALUR DISTRICT ... RESPONDENT in WA(MD) No.330 of 2015 M.SAKKARAI ... RESPONDENT in WA(MD) No.331 of 2015 V.JEYARAMAN ... RESPONDENT in WA(MD) No.332 of 2015 V.SHANMUGAM PILLAI HEAD CONSTABLE (RETIRED) D.NO.1-289E SRI SHANMUGA JOTHI BHAVANAM , GANESH NAGAR PUTHERI, KANYIYAKUMARI DISTRICT ... RESPONDENT(s) in WA(MD) No.333 of 2015
P.NAGAPPA PILLAI HEAD CONSTABLE (RETIRED) 24/47 SOUTH CAR STREE , BOOTHAPANDI KANNIYAKUMARI DISTRICT ... RESPONDENT in WA(MD) No.334 of 2015 O.MOHAMMED TAHA HEAD CONSTABLE (RETIRED) 15/34A, ARASUVILAI PALACE ROAD , THUCKALAY , KANNIYAKUMARI DISTRICT ... RESPONDENT in WA(MD) No.335 of 2015 Prayer in WA(MD) No.328 of 2015:
To prefer the memorandum of Grounds of Writ Appeal against the order dated 28.11.2013 made in W.P.(MD)No.1943 of 2012 passed by this Hon'ble Court.
Prayer in WA(MD) No.330 of 2015:
To prefer the memorandum of Grounds of Writ Appeal against the order dated 28.11.2013 made in W.P.(MD)No.1320 of 2012 passed by this Hon'ble Court.
Prayer in WA(MD) No.331 of 2015:
To prefer the memorandum of Grounds of Writ Appeal against the order dated 28.11.2013 made in W.P.(MD)No.19255 of 2013 passed by this Hon'ble Court.
Prayer in WA(MD) No.332 of 2015:
The appellant prefer the writ appeal against the order dated 28.11.2013 made in WP(MD) NO. 19256/2013 Passed by this Hon'ble Court.
Prayer in WA(MD) No.333 of 2015:
To prefer the writ appeal against the order dated 04.04.2014 made in WP (MD) NO. 13109/2010 Passed by this Hon'ble Court. Prayer in WA(MD) No.334 of 2015:
To prefer the writ appeal against the order dated 04.04.2014 made in WP (MD) NO. 13108/2010 Passed by this Hon'ble Court. Prayer in WA(MD) No.335 of 2015:
To prefer the writ appeal against the order dated 04.04.2014 made in WP (MD) NO. 13110/2010 Passed by this Hon'ble Court. Prayer in WP(MD)No.1943/2012:
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in the impugned order in Na.Ka.No.1227/48/NGB III (2)/2011 dated 12.08.2011 on the file of the 1st respondent and quash the same and consequentially issue directions to the respondents to advance petitioner's date of promotion as Head Constable from 13.1.98 and Special Sub Inspector of Police to the date of actual completion
of 10 and 15 years of service as per G.O. Ms.No.15 dated 07.01.2010 and nationally fix his pay in the scale of pay applicable to Special Sub Inspector of Police in the upgraded post of Special Sub Inspector of Police on completion of 25 years of sercvice 01.11.1995 and step up his pension benefits and garnt such further.....
Prayer in WP(MD)No.1320/2012: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, to call for the records in the impugned order in Na.Ka.No.122748/NGB III(2)/2011 dated 1208-2011 on the file of the 1st Respondent and quash the same and consequentially issue directions to the Respondents to advance petitioner's date of promotion as Head Constable from 13-01-1998 and Special Sub Inspector of Police to the date of actual compeletion of 10 and 15 years of service as per G.O.Ms.No.844 dated 03-06-1997, G.O.Ms.No.937, dated 21-07-1988 and G.O.Ms.No.15 dated 07-01-2010 and notionally fix his pay in the scale of pay applicable to Special Sub Inspector of Police in the upgraded post of Special Sub Inspector of Police on completion of 25 years of service on 1/7/1997.
Prayer in WP(MD)No.19255/2013: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issua a Writ of Mandamus, directing the 1st respondent to reckon with the seniority of the writ petitioner from the date of recruitment and to give promotion and other attendant monetary benefits on par with his batchmates based on the petitioner representation dated 30.09.2013 within the period that may be stipulated by this Honourable Court.
Prayer in WP(MD)No.19256/2013: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to reckon with the seniority of the writ petitioner from the dated of recruitment and to give promotion and other attendant monetary benefits on par with his batchmates based on the petitioner representation dated 30.09.2013 within the period that may be stipulated by this Honourable Court.
Prayer in WP(MD)No.13109/2010: 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 order passed by the 3rd Respondent in his proceedings R.O.O.No.105/10 dated 16-03-2010 and quash the same as illegal and consequentially to direct the Respondents to restore the Petitioner as Special Sub-Inspector of Police w.e.f. 01-082009. Prayer in WP(MD)No.13108/2010: 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 order passed by the 3rd Respondent in his proceedings R.O.C.No.105/10 dated 16-03-2010 and quash the same as illegal and consequentially to direct the Respondents to restore the Petitioner as Special Sub-Inspector of Police w.e.f. 01-082009. Prayer in WP(MD)No.13110/2010: 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 order passed by the 3rd Respondent in his proceedings R.O.C.No.105/10 dated 16-03-2010 and quash the same as illegal and consequentially to direct the Respondents to restore the Petitioner as Special Sub-Inspector of Police w.e.f. 01-082009. For Appellants : Mr.M.Alagadevan, Spl.G.P.
For Respondents in WA.Nos.328,330,333, 334 and 335/2015 : Mr.M.Mahaboob Athif for M/s.Ajmal Associates COMMON JUDGMENT (Judgment of this Court was delivered by S.MANIKUMAR,J.) Following the common judgment made in similar matters, in W.A.(MD)No.1506 of 2011 etc. batch, dated 17.06.2011, these Writ Appeals are also liable to be dismissed. It is also fairly submitted by the learned Special Government Pleader appearing for the appellants that Review Petitions filed in Rev.Appn.(MD)Nos.5 and 6 of 2015, seeking to review the judgment in W.A.(MD)Nos.237 and 238 of 2012, dated 17.06.2013, included in the Common Judgment stated supra, have also been dismissed by this Court, vide order dated 01.04.2015. Therefore, nothing remains to be adjudicated in the present Writ Appeals.
2.Accordingly, these Writ Appeals are dismissed. No costs. Connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar
To 1.THE SECRETARY , HOME DEPARTMENT NEW SECRETARIAT BUILDING, ANNA SALAI, KAMARAJAR SALAI, MYLAPORE, CHENNAI- 004.
3.THE COMMISSIONER OF POLICE, TRIHCY 4.THE DEPUTY INSPECTOR GENERAL OF POLICE ,MADURAI RANGE MADURAI 5.THE SUPERINTENDENT OF POLICE , VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 6.THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRUNELVELI RANGE, TIRUNELVELI DISTRICT 7.THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT +5ccs to M/s.Ajmal Associates, Advocate, SR.Nos.21846, 21847, 21843, 21844 and 21845 +One cc to The Special Government Pleader, SR.No.22157 nbj RL/14 c- 14/5/2015 W.A.(MD)Nos.328, 330, 331, 332, 333, 334 and and M.P.(MD)Nos.2,3,2,2,1,2,2,3,2,3,2,2 and 3 of 22/4/2015