V.Ramasamy (Rtd Ssi) v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.13839 of 2018 1.V.Ramasamy 2.M.Chandrasekaran 3.R.M.Ramachandran 4.R.Chinnadurai ... Petitioners Vs 1.The State represented by its Secretary, Home Department, Fort.St.George, Chennai - 600 009.

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

3.The Commissioner of Police, Madurai City.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in C.No. A1/19691/411/2017 dated 21.12.2017 and quash the same and consequently 1/6

direct the respondents 2 and 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 on the basis of the Implementation order passed to the one D.Thangapansiyan SSI, S.Michel Antony SSI, R.Paul Durai SSI and their proceedings C.No.A1/12265/2013, R.O.O.No.141/2015 dated 27.03.2015.

For Petitioners : Mr.A.Rajaram For Respondents : Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The case of the petitioners is that he should have been made as Special Sub Inspector of Police on completion of 25 years of service after entry into the Department. This issue had already been held against the writ petitioners by the Hon'ble Full Bench in the decision reported in 2022-1-L.W.984 (The State of Tamil Nadu & Others Vs C.Srinivasan). Paragraph 42 of the decision of the Hon'ble Full Bench is as follows: "42.In view of the above discussion, we proceed to answer the second question that has been referred to this Full Bench hereunder:- 2/6

"We hold that the Division Bench in V.Samy case did not lay down the law correctly and we uphold the law laid down in V. Ramachandran case to the extent that there is no deemed upgradation or deemed promotion contemplated in the relevant Government orders and the benefit of upgradation/promotion to the next level can be granted/claimed only on completion of the qualifying service in each level/rank as prescribed in the relevant Government Orders. At the risk of repetition, insofar as understanding the expression "retrospective operation" is concerned, we hold that The Government Orders operate prospectively but it imposes/grants new results in respect of a past event.

In other words, the Government Order operates forward but it looks backward and in that it attaches new consequences for the future to an event that took place before the Government Order was issued. If the Government Orders are understood in this perspective, there is no need to get into the issue of "retrospective operation. Thus, we are of the view that the Division Bench while rendering the judgment in V.Ramachandran case has dealt with the Government orders in its proper perspective and the judgment in V.Samy case is hereby overruled".

3. The learned counsel appearing for the petitioners points out that the decision rendered in V.Ramachandran's case is the subject matter of SLP No.6980-6996/2018. The Hon'ble Apex Court is now seized of the matter.

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4. Be that as it may, as on date the decision of the Hon'ble Full Bench is holding the field. Respectfully following the said decision, I dismiss the writ petition. I make it clear that in the event of SLP in V.Ramachandran's case being allowed and if any benefit is granted, the petitioners are at liberty to approach the competent authority for redressal of his grievance. The competent Authority is obliged to apply the decision and extend the benefit if such occasion arises. It is needless to mention that the competent authority will extend such benefit only if the petitioners' case also falls within its scope and limits. This writ petition is dismissed with the aforesaid liberty and direction. Consequently, connected miscellaneous petition is closed. No costs. 11.10.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Secretary, Home Department, Fort.St.George, Chennai - 600 009.

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

3.The Commissioner of Police, Madurai City.

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G.R.SWAMINATHAN, J.

mga W.P.(MD)No.15342 of 2018 11.10.2022 6/6