The Director General Of Police v. A.Azhagurajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A(MD)No.876 to 879 of 2011 and M.P(MD)Nos.2,2,2 and 2 of 2011 W.A(MD)No.876 of 2011:

1.The Director General of Police and Chairman, Chennai - 2.

2.The Director General of Police, Tamil Nadu, Chennai - 4. .. Appellants/Respondents A.Azhagurajan against the order, dated 22.12.2009, made in W.P(MD)No.13946 of 2009, by the learned Single Judge.

Prayer in WP(MD). 13946/ 2009 :

Constitution of India, praying this Court to issue a WRIT OF MANDAMUS, directing the Respondents to consider the petitioner for the post of Sub-Inspector of Police (Men).

: Mr.T.Lajapathi Roy W.A(MD)No.877 of 2011:

3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

.. Appellants/Respondents V.Ravi against the order, dated 21.12.2009, made in W.P(MD)No.13678 of 2009, by the learned Single Judge.

Prayer in WP(MD). 13678/ 2009 :

Constitution of India, praying this Court to issue a WRIT OF MANDAMUS, directing the 2nd respondent to add 2 more marks to the petitioner for Recruitment to the post of Sub-Inspector of Police (Men - Departmental Quota) 2006 and further directing the respondents to select and appoint the petitioner as Sub-Inspector of Police under 20% Departmental Candidates Quota and fix appropriate place in the selection and grant all consequential service and monitary benefits to the petitioner. : Mr.Mahaboob Athiff for M/s.Ajmal Associates.

W.A(MD)No.878 of 2011:

3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

.. Appellants/Respondents S.Sivanandham against the order, dated 17.12.2009, made in W.P(MD)No.13419 of 2009, by the learned Single Judge.

Prayer in WP(MD). 13419/ 2009 :

Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 2nd and 3rd respondents to grant marks to the petitioner based on the order of the Principal Bench of this Honourable Court in W.P.No. 4509 of 2009 to 4518 of 2009, W.P.No. 7411 to 7418 of 2009 , W.P.No. 17196 to 17198 of 2009 , W.P.No. 10752 to 10764 of 2009 dated 04/11/2009 for recruitment of SubInspector of Police (Men) 2006 and further direct the respondent to conduct viva-voce test for the petitioner in pursuant to grant of higer marks in the written examination and appoint the petitioner as Sub Inspector of police with consequential service and monetary benefit.

: No appearance W.A(MD)No.879 of 2011:

1.The Chairman, Chennai - 2.

2.The Director General of Police, Santhome, Chennai - 4.

.. Appellants/Respondents K.Thangamuthu against the order, dated 08.03.2010, made in W.P(MD)No.2783 of 2010, by the learned Single Judge.

Prayer in WP(MD). 2783/ 2010 :

Constitution of India, praying this Court To issue a WRIT OF MANDAMUS, to direct the 1st Respondent to issue call letter for viva-voce to consider the petitioner for appointment to the post of Sub-Inspector of Police taking in to account of the answer made by the petitioner in the question No.11, 38 & 44 in the written Examination conducted by the 1st Respondent for recruitment the post of Sub-Inspector of Police, 2006 in the light of the order passed by the Principal Seat of this Honourable Court in W.P.No.4509 of 2009.

: Mr.Mahaboob Athiff for M/s.Ajmal Associates.

C O M M O N J U D G M E N T [Common 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.T.Lajapathi Roy, learned counsel appearing for the respondent in W.A(MD)No.876 of 2011, Mr.Mahaboob Athiff for M/s.Ajmal Associates, learned counsel appearing for the respondents in W.A(MD)Nos.877 and 879 of 2011. 2.These writ appeals are directed against the orders passed in various writ petitions filed by the respondents. Those writ petitions were allowed by following the order, dated 04.11.2009, made in W.P(MD)Nos.4509 of 2009 etc., batch. As against the said order, the State preferred W.A(MD)Nos.1719 of 2010 etc., batch and the appeals were allowed by the Hon'ble Division Bench, by Judgment, dated 23.12.2010, as against which, the respondents/writ petitioners filed special leave petitions in S.L.P.Nos.36358-36391 of 2011, which were dismissed by the Hon'ble Supreme Court on 19.01.2015.

3.In the light of the same, the writ appeals are allowed and the orders passed in W.P(MD)Nos.13946, 13678, 13419 of 2009 and 2783 of 2010 are set aside and consequently, the writ petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 3.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

+1cc to Special Government Pleader, SR.No. 50766 +1cc to M/S.Ajmal Associates, Advocate SR.No. 50420 +1cc to M/S.T.Lajapathi Roy, Advocate SR.No. 50641 COMMON JUDGMENT MADE IN W.A(MD)No.876 to 879 of 2011 and

M.P(MD)Nos.2,2,2 and 2 of 2011 21.02.2018 SMN JM/SV MMS/SAR 2/05.03.2018/4P/7C