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Madras High CourtWA(MD)/337/2017dismissed

The Govt Of Tn v. Y.Arokiyam

2017-04-06Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.337 and 338 of 2017 and W.M.P(MD).Nos.3326 and 3327 of 2017 1.The Government of Tamil Nadu, Rep by its Secretary to Home Department, Fort.St.George, Chennai 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

3.The Superintendent of Police, Dindigul District, Dindigul.

: Appellants/ Respondent Vs.

Y.Arokiyam : Respondent in W.A.(MD).No.337 of 2017 Writ Petitioner R.Paramasivam : Respondent in W.A.(MD).No.338 of 2017 Writ Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 26.11.2013 made in W.P.(MD).Nos.18310 and 18311 of 2013, on the file of this Court.

Prayer in WP(MD). 18310/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 2nd and 3rd respondents to revise and regularize the service seniority and give the notional promotion with monetary benefits equal to the post of Deputy Superintendent of Police to the petitioner on the basis of the petitioner s representation dated 08.08.2013.

Prayer in WP(MD). 18311/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 2nd and 3rd respondents to revise and regularize the service seniority and give the notional promotion with monetary benefits equal to the post of Deputy Superintendent of Police to the petitioner on the basis of the petitioner s representation dated 08.08.2013.

For Appellants : Mr.V.Muruganantham Additional Government Pleader For Respondents : Mr.A.Rajaram COMMON JUDGMENT ****************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.V.Muruganantham, learned Additional Government Pleader and Mr.A.Rajaram, learned counsel appearing for the respondents. By consent, the Writ Appeals are taken up for final disposal at the stage of admission itself.

2. These Writ Appeals have been filed by the Government challenging the order dated 26.11.2013 made in W.P.(MD).Nos.18310 and 18311 of 2013. The said order is a Common Order in a batch of cases, pertaining to promotion. The learned Single Judge, after taking into consideration the Judgment of the Hon'ble Division Bench in W.A.(MD).No.1506 of 2011, dated 17.06.2013, allowed the Writ Petitions. It is submitted by the learned counsel for the respondents that the Special Leave Petitions filed against the said Writ Appeal was dismissed by the Hon'ble Supreme Court and the appellants have implemented the Judgment passed in the Writ Appeal in respect of similarly placed persons.

3. Since the Writ Court had allowed the Writ Petitions by following the Judgment passed by the Hon'ble Division Bench, we find no reason to take a different view in the present Writ Appeals. Accordingly, the Writ Appeals are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To 1.The Government of Tamil Nadu, Rep by its Secretary to Home Department, Fort.St.George, Chennai 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

3.The Superintendent of Police, Dindigul District, Dindigul.

NB VB/JC/SAR4/17.04.2017/3P/4C COMMON JUDGMENT MADE IN W.A.[MD].No.337 and 338 of 2017 06.04.2017