The Director General Of Police v. M.Velmurugan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.656 of 2024
1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 4.
2. The Deputy Inspector General of Police, Dindigul Range, Dindigul.
3. The Superintendent of Police, Theni District, Theni.
... Appellants Vs.
M.Velmurugan ... Respondent Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.5138 of 2015 dated 22.11.2022 on the file of this Court. 1/8
For Appellants : Mr.A.Kannan, Addl. Government Pleader.
For Respondent : Mr.M.Saravanakumar
JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard both sides.
2.The department is on appeal challenging the order dated 22.11.2022 passed by the learned Single Judge allowing W.P.(MD)No.5138 of 2015 filed by the respondent / Velmurugan. 3.The respondent was appointed as Grade II Police Constable on 25.05.1988. He sought conferment of Special Sub Inspector of Police with effect from 25.05.2013 when he completed 25 years of service in the department. The department insisted that on account of imposition of two penalties, he can be conferred with the said benefit only with effect from 01.12.2017. Challenging the stand of the department, the respondent filed W.P.(MD)No.5138 of 2015 and the writ petition was allowed by the learned Single Judge.
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4.The learned counsel for the writ petitioner had produced copy of the order dated 18.08.2005, which reads as follows:- "D.O.621/2005 District Police Office, C.No.A2/14562/328/2005 Theni District, Theni.
Dated 18.08.2005 UPGRADTION OF GR I PC TO HC - ORDERS ISSUED In accordance with the orders issued in the Government Order M.S.No: 124/ Home (Pol.V) Department dated 28.10.04 and Chief Office memorandum in Rc. No: 2/4591/NGB III (2)/2004 dated 28.10.04 Gr.I PC.1204, Tr. M. Velmurugan, Uthamapalayam / PEW, Theni District was entitled as Gr.II PC on 28.11.1988 and promoted as Gr.I PC w.e.f. 08.10.1990 in promoted as Head Constable on upgradtion in Taluk w.e.f. 05.01.2005 FN as he has completed 6 years of service as GR I PC.
2.The above Gr. I PC will continue to serve in the same Police Station as upgraded Head Constable where he is now serving until further orders. He is also directed to exercise his option for fixing his pay in the category of Head Constable within one months from the date of this order." 3/8
5.Copy of the order dated 11.02.2007 issued by the Superintendent of Police, Theni reads as under:- "C.No.A4 / 34748 / 2007 District Police Office, D.O.No.400 / 2007 Theni District, Theni.
Dated 11.12.2007 COMPLETION OF PERIOD OF PROBATION - ORDERED HC 1204 Tr. Velmurugan of Theni Traffic PS is allowed to complete the period of probation on 03.03.2007 A.N. He is brought on to "A" list with effect from 04.03.2007 F.N." 6.Copy of the order dated 30.01.2015 issued by the Superintendent of Police, Theni is as follows:- "D.O.No. 84/2015 District Police Office, C.No.A1/02750/2015 Theni District, Theni Dated: 30.01.2015 MOVEMENT TO SELECTION GRADE IN THE CATEGORY OF HEAD CONSTABLE-ORDERED Tr.M.Velmurugan, HC. 1204, Control Room, Theni District has completed ten years of service in the category of Head 4/8
Constable on 03.01.2015 AN. Hence, he is eligible to move Selection Grade in the category of Head Constable w.e.f. 04.01.2015 FN as per chief office memorandum in Rc. No. 115585/PBA I (I)/2010, dated: 18.05.2011. Accordingly he is moved to selection grade in the category of Head Constable w.e.f. 04.01.2015 FN
2) His pay will be fixed separately and the arrears of pay and allowances will be drawn and paid to him separately." 7.The appellants were confronted with the copy of the aforesaid three proceedings. They are accepted as genuine. Even if they are found to be erroneous with the benefit of hindsight, the fact remains that they have not been challenged in the manner known to law. They have not been recalled till date. When the writ petitioner was upgraded as Grade I Police Constable with effect from 05.01.2005, he ought to have been upgraded as Special Sub Inspector of Police with effect from 06.01.2015. To this extent, the order of the learned Single Judge is modified. The appellants are given twelve weeks from today ie., 29.07.2025 to comply with the order of this Court. The benefits shall also be settled in the meanwhile.
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8.This writ appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (K.R.S. J.,) 29.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 4.
2. The Deputy Inspector General of Police, Dindigul Range, Dindigul.
3. The Superintendent of Police, Theni District, Theni.
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G.R.SWAMINATHAN, J.
and K.RAJASEKAR, J.
ias 29.07.2025 8/8