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Madras High CourtWP(MD)/11057/2015disposed of

A.M.R.Lingam v. The Govt. Of Tamil Nadu,

2019-08-29Honourable Mr Justice S.M. Subramaniam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).Nos.11057, 11058, 11059, 11060 & 11061 of 2015 and connected miscellaneous petitions W.P(MD)No.11057 of 2015 A.M.R.Lingam ... Petitioner -vs1.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, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the third respondent in C.No.A2/13484/151/2014 dated 11.05.2015 and quash the same and consequently direct the Respondents Nos.2 & 3 to regularization of the service seniority and give the notional promotion and revise the pension with monetary benefits equal to the post of Inspector of Police Rank to the petitioner. WP(MD).No.11058/2015:

N.Seenivasan ... Petitioner in WP(MD). 11058/ 2015 1/5

3. The Superintendent of Police, Viruthunagar District.

... Respondent in WP(MD). 11058/ 2015 Prayer in WP(MD). 11058/ 2015 :

Constitution of India, praying this Court TO issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 3rd respondent in C.No. A1(2)/ 52541/2012 dated 10.04.2015 and quash the same and consequently direct the respondents No.2 & 3 to regularization of the service seniority and give the notional promotion and revise the pension with monetary benefits equal to the post of Inspector of police Rank to the petitioner.

WP(MD).No.11059/2015 P. Muniyasamy ... Petitioner in WP(MD). 11059/ 2015

3. The Superintendent of Police, Ramanathapuram District.

... Respondent in WP(MD). 11059/ 2015 Prayer in WP(MD). 11059/ 2015 :

Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in C. No. A1/031452/934/2013 dated 06.12.2014 and quash the same and consequently direct the respondents No.2 & 3 to regularization of the service seniority and give the notional promotion and revise the pension with monetary benefits equal to the post of Inspector of police Rank to the petitioner.

2/5

WP(MD).No.11060/2015 K.Selvaraj ... Petitioner in WP(MD). 11060/ 2015

1. The Government of Tamilnadu, Fort.St.Geroge, Chennai 600 009.

2. The Director General Of Police,

3. The Superintendent of Police, Madurai District ... Respondent in WP(MD). 11060/ 2015 Prayer in WP(MD). 11060/ 2015 :

Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of a writ to call for the records pertaining to the impugned order passed by the 3rd respondent in C.No.A2/056786/587/2014 dated 5.2.15 and quash the same and consequently direct the respondents No.2 & 3 to regularization of the service seniority and give the notional promotion and revise the pension with monetary benefits equal to the post of Inspector of Police Rank to the petitioner.

WP(MD).No.11061/2015 S. Jeyaprakash Narayanan ... Petitioner in WP(MD). 11061/ 2015

3. The Public Information Officer/ The Additional Superintendent of Police, Theni District.

... Respondent in WP(MD). 11061/ 2015 3/5

Prayer in WP(MD). 11061/ 2015 :

Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No.243/T.A.VU.Sa/Ka Koo K.T.E/Theni/2015 dated 24.03.2015 and quash the same and consequently direct the respondents No.2 & 3 to regularization of the service seniority and give the notional promotion and revise the pension with monetary benefits equal to the post of Inspector of police Rank to the petitioner. For Petitioner (in all Wps) : Mr.A.Rajaram For Respondents (in all Wps): Mr.K.Mu.Muthu Additional Government Pleader C O M M O N O R D E R The issue involved in these writ petitions is with regard to fixation of seniority in the cadres of Head Constable and Special Sub-Inspector of Police.

The disputes in relation to fixation of seniority amongst these two cadres are subsidized by the Honourable Division Bench of the Principal Bench of this Court as well as the Honourable Supreme Court of India. The issues are to be adjudicated by the Apex Court in S.L.P.No.6980 of 2018 for reaching finality in respect of the disputes raised. Under these circumstances, no purpose would be served in the event of keeping these writ petitions pending. The claim of the writ petitioners can be considered based on the orders to be passed by the Apex Court as well as the Principal Bench of this Court. The benefits are otherwise also to be regulated with reference to the orders to be passed in this regard by the appropriate Court of law.

2.With these observations, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) 4/5

To 1.The Secretary, Government of Tamil Nadu, 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, Madurai District.

4.The Superintendent of Police, Virudhunagar District.

5.The Superintendent of Police, Ramanathapuram District.

6.The Superintendent of Police, Theni District.

+1 CC to M/s.A.RAJARAM, Advocate ( SR-84228[F] dated 29/08/2019 ) +1 CC to M/s.SPL GP ( SR-84564[F] dated 30/08/2019 ) W.P.(MD).Nos.11057, 11058, 11059 11060 & 11061 of 2015 29.08.2019 am JMN(18.09.2019) 5P : 9C 5/5