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Madras High CourtWA(MD)/894/2017dismissed

The Director General Of Police v. T. Sundaramoorthy(Rtd Si)

2017-06-29Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.894 of 2017 against W.P.(MD)No.2798 of 2013 and C.M.P(MD).No.6021 of 2017 1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

2.The Deputy Inspector General of Police, CID (Int), Chennai 600 004.

3.The Superintendent of Police, Q Branch, CID, Chennai.

: Appellants/Petitioners/Respondents Vs.

T.Sundaramoorthy [Rtd SI], Sub-Inspector of Police, Q Branch, CID, Dindigul.

: Respondent/Respondent/Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 28.11.2013 made in W.P.(MD).No.2798 of 2013, on the file of this Court.

Prayer in WP(MD). 2798/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate writ, or order, or direction, in the nature of a writ, 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 Inspector of Police Rank to the petitioner on the basis of the petitioners representation dated 19.12.2012.

For Appellants : Mr. VR.Shanmuganathan Special Government Pleader For Respondent : Mr.A.Rajaram

JUDGMENT

************* [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr.A.Rajaram, learned counsel https://hcservices.ecourts.gov.in/hcservices/

appearing for the respondent. By consent, the Writ Appeal is taken up for final disposal at the stage of admission itself.

2. This Writ Appeal has been filed by the Government challenging the order dated 28.11.2013 made in W.P.(MD).No.2798 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 respondent that the Special Leave Petitions filed against the said Writ Appeal were dismissed by the Hon'ble Supreme Court and the appellants have implemented the Judgment passed in the Writ Appeals in respect of similarly placed persons.

3. Since the Writ Court had allowed the Writ Petition by following the Judgment passed by the Hon'ble Division Bench, we find no reason to take a different view in the present Writ Appeal. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Co) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

2.The Deputy Inspector General of Police, CID (Int), Chennai 600 004.

3.The Superintendent of Police, Q Branch, CID, Chennai.

NB MAS/GT/SAR2:11.07.2017:2P-4C JUDGMENT MADE IN W.A.[MD].No.894 of 2017 against W.P.(MD)No.2798 of 2013 and C.M.P(MD).No.6021 of 2017 29.06.2017 https://hcservices.ecourts.gov.in/hcservices/