The Superintendent Of Police, v. A. Selvaraj,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Twenty First day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN The AT PRINCIPAL SEAT The THROUGH VIDEO CONFERENCE WMP(MD) No.21142 of 2018 IN WP(MD) No.2536 of 2012 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT , TIRUNELVELI.
... PETITIONER/RESPONDENT NO.4 Vs 1 A. SELVARAJ ... RESPONDENT No. 1/PETITIONER 2 THE SECRETARY (HOME) REPRESENTING GOVERNMENT OF TAMILNADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI- 600 006 3 THE DIRECTOR GENERAL OF POILCE, TAMIL NADU, KAMARAJAR SALAI, CHENNAI 600 004 4 THE DEPUTY INSPECTOR GENERAL OF POICE, TIRUNELVELI RANGE, HIGH GROUNDS, PALAYAMKOTTAI, TIRUNELVELI 627 002 ... RESPONDENT Nos. 2 to 4/ RESPONDENT Nos. 1 to 3 5 THE ACCOUNTANT GENERAL (AE) O/o. THE ACCOUNTANT GENERAL, CHENNAI 600 018 ... RESPONDENT No. 5/ RESPONDENT No. 5 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to accept affidavit filed by the petitioner and modify the order passed in WP(MD)NO.2536 of 2012 dated 08.09.2018 Prayer in WP(MD). 2536/ 2012 :
Writ Petition is filed under Article 226 of the
Constitution of India, praying this Court To pass a writ of certiorarified mandamus in the form of writ , by calling for the records pertaining to the impugned order C.No.A1/5466/2009 dated 14.04.2010 passed by the 3rd respondent, as not valid and quash the same as illegal and against law, and thereby directing the respondents 1 and 2 to give this petitioner Sub Inspector of Police promotion in 1988 and Inspector of Police promotion in 1999 and fix salary with entitled perks, etc., and thereby fix pension and other monetary benefits accordingly.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.CHELLAPANDIAN, Additional Advocate General, for the petitioner and of MR.F.X.EUGENE, Advocate on behalf of the 1st Respondent, the court made the following order:- Pursuant to the order dated 08.09.2018 in W.P.(MD)No.2536 of 2012, which order was passed during the Lok Adalat sitting at Madurai on 08.09.2018, this present application has been filed to accept the affidavit filed by the petitioner and modify the order passed in WP(MD)No.2536 of 2012, dated 08.09.2018.
2. An affidavit has been filed by the Superintendent of Police, Tirunelveli , wherein, he had stated in Paragraph No.3 that notice from the Court in the Writ Petition had not been served on him and that the Assistant, namely, Mr.Subbiah was actually deputed to attend the case in W.P.(MD)No.979 of 2012. The Superintendent of Police, Tirunelveli had expressed in clear terms that whenever he receives the information from the Court, he will strictly follow the same.
3. In view of such statement made by the Superintendent of Police, the observations made in Paragraph No.2 and Paragraph No.3 of the order dated 08.09.2018 are withdrawn. A fresh copy of the order dated 08.09.2018 shall be issued to the parties concerned by the Registry after deleting Paragraph No.2 and Paragrapsh No.3 of the said order.
4. This Petition is allowed accordingly.
sd/- 21/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SECRETARY (HOME) GOVERNMENT OF TAMILNADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI- 600 006
2 THE DIRECTOR GENERAL OF POILCE, TAMIL NADU, KAMARAJAR SALAI, CHENNAI 600 004 3 THE DEPUTY INSPECTOR GENERAL OF POICE, TIRUNELVELI RANGE, HIGH GROUNDS, PALAYAMKOTTAI, TIRUNELVELI 627 002 4 THE ACCOUNTANT GENERAL (AE) O/o. THE ACCOUNTANT GENERAL, CHENNAI 600 018
ORDER
IN WMP(MD) No.21142 of 2018 IN WP(MD) No.2536 of 2012 Date :21/12/2018 MSI/JC/SAR-II/13.02.2019-3P/5C