Madras High Court
K.Nagarathinam vs The Government Of Tamil Nadu on 23 October, 2019
Author: M.M.Sundresh
Bench: M.M.Sundresh
WP No.3552 of 2011 etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice RMT. TEEKAA RAMAN
W.P.Nos.3552, 11305 & 11306 of 2011, 12482, 12483, 16436
to 16439, 25130, 25183 to 25190, 27335 & 27336 of 2012,
10769, 25316, 25317, 26228 & 33056 to 33063 of 2013, 1168
to 1175, 2819, 5169 to 5172, 8586 to 8588, 16259, 18662,
19185, 19564, 21366, 21399, 21410, 26274, 26387, 26388,
29135 to 29146, 29283, 30532, 30588, 30733 to 30737, 32989,
32990 & 33905 of 2014, 1722, 5013, 5437, 5807, 6709, 8336,
9327, 12171, 13011, 25099, 25171, 25172, 25369, 25375 to
25385, 29414, 29974 to 29976, 31251 to 31257, 32144 to
32175, 34563 to 34567, 37666 to 37677, 39865 & 40881 of
2015, 1115 to 1118, 2897 to 2906, 2975, 3013 to 3022, 21416
to 21424, 21502, 28001 to 28003, 29484, 33941, 34414,
37120, 44005 of 2016, 3105, 3146, 17308, 17895 to 17897,
18235 to 18239, 19832, 21755 to 21782, 30714 to 30717 of
2017, W.P.(MD) Nos. 9070 & 9071, 13492, 14210, 14340 of
2010, 1923, 3394, 3957, 4378 & 4379 of 2011, 3034, 3035,
12157, 14229 of 2012, 2001, 2139, 4625 to 4628, 19275 to
19277, 20583 of 2013, 1007, 1017, 1249, 1781, 1936, 3301,
4998, 9583, 9800, 9817, 9874, 10645, 10646, 10712, 10714,
10715, 10738, 10739, 13239, 13292, 14694, 14701, 14717,
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WP No.3552 of 2011 etc., batch
15614 to 15626, 15898, 15899, 18395 of 2014, 802, 809, 899,
2625 to 2630, 6602, 6605, 9629 to 9633, 9972 to 9976, 10427
to 10432, 10518, 10520, 11323 to 11334, 11739 to 11751,
11831 to 11856, 12089 to 12097, 12247 to 12260, 12520 to
12537, 12593, 12594, 12852, 12873, 12874, 12884 to 12896,
13267 to 13281, 13353 to 13358, 13447, 13597 to 13611,
13620, 13621, 13955, 14579, 14581, 14585, 14841, 13718 to
13741, 14842, 14843, 17885 to 17894, 19174 to 19177 of
2015, 2443 to 2486, 2763, 2794 to 2803, 2947 to 2955, 4620
to 4638, 4689, 6848, 6858 to 6866, 7702 to 7709 of 2016,
10996, 21460 to 21491, 21939, 23179 to 23185, 23923, 24087
of 2017, 23851, 23906, 23907, 24169, 24174 and 24193 of
2018 and connected miscellaneous petitions
W.P.No.3552 of 2011
K.Nagarathinam ... Petitioner
Vs.
1.The Government of Tamil Nadu
Rep., by its Home Secretary,
Fort St. George, Chennai-600 009.
2.The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai-600 004.
3.The Deputy Inspector General of Police,
Coimbatore Range,
Coimbatore.
4.The Superintendent of Police,
District Police Office,
Coimbatore-18.
Coimbatore District. .. Respondents
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WP No.3552 of 2011 etc., batch
Prayer: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for the records and
quashing the impugned order passed by the fourth respondent in
D.O.No.753 of 2010 C.No.A2/40209/2010 dated 31.08.2010 and
consequently, directing the respondents 2 to 4 to fix the seniority and
give the promotion to the petitioner for the post of Sub Inspector of
Police.
For Petitioner in .. Mr.A.Rajaram
W.P.Nos.3552 of 2011, 12482,
12483, 16436 to 16439, 25130,
25183 to 25190, 27335 & 27336 of
2012, 33056 to 33063 of 2013, 5169
to 5172 16259, 19185, 19564, 21366,
21399, 21410, 32989 & 32990 of 2014,
25171, 25172, 25369, 25375 to 25385
of 2015 & 34563 to 34567 of 2015 &
44005 of 2016, W.P.(MD) Nos.13492
of 2010, 3394 of 2011, 3957, 4378,
4379 of 2011, 19275 o 19277 of 2013,
1007, 1017, 1781, 3301, 9583, 9800,
9817, 9874, 10645, 10646, 10712,
10714, 10715, 10738, 10739, 13239,
15898, 15899, 18395 of 2014, 2625
to 2630, 6602, 6605, 10518,10520,
12852, 12873, 12874 & 13447 of
2015, 6848 of 2016 & 10996 of 2017
For Petitioner in W.P.Nos. .. Mr.V.Ravikkumar
11305 & 11306 of 2011,
26387 & 26388 of 2014
For Petitioner in .. Mr.K.R.Laxman
W.P.Nos.3034 & 3035 of 2012
For Petitioner in .. Mr.M.Velkaniraju
W.P.No.12157 of 2012
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WP No.3552 of 2011 etc., batch
For Petitioner in .. Mr.R.Venkatesan
W.P.No.14229 of 2012
For Petitioner in W.P.(MD)Nos. .. Mr.R.R.Kannan
802 & 809 of 2015
For Petitioner in .. Mr.Venkataramani,
W.P.No.10769 of 2013 Senior Counsel
for M.M.Muthappan
For Petitioner in .. Mr.R.Karthikeyan
W.P.(MD)No.21939 of 2017
For Petitioner in W.P.(MD)Nos. .. Mr.S.A.Rajaram
2001 of 2013, 13292, 15614
to 15616, 15618 to 15625 &
15626 of 2014
For Petitioner in .. Mr.V.Perumal
W.P.(MD)No.4689 of 2016
For Petitioner in .. Mr.K.Shanmugam
W.P.(MD)No.2819 of 2014, 34414
of 2016 & 17895 to 17897 of 2017
For Petitioner in .. Mr.M.Karunanithi
W.P.(MD).No.14694,14701 &
14717 of 2014, 14579, 14581 &
14585 of 2015, 21460 to 21491,
23179 to 23185, 23923 & 24087
of 2017, 23906, 23851 & 23907 of
2018, 24169, 24174 & 24193 of 2018
For Petitioner in .. Mr.D.Saravanan
WPs 39865 of 2015, 1115 to 1118,
2897 to 2906 & 3013 to 3022 of 2016
WP(MD).Nos. 9629 to 9633, 9972
to 9976, 10427 to 10432, 11323
to 11334, 11739 to 11751, 12089
to 12097, 12247 to 12265, 12520
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WP No.3552 of 2011 etc., batch
to 12537, 12884 to 12896, 13267
to 13281, 13353 to 13358, 13597
to 13611, 13620, 13621, 14841,13718
to 13741, 14842 & 14843 of 2015,
2443 to 2486, 2794, 2763, 2795 to
2803, 2947 to 2955, 4620 to 4638,
6858 to 6866 & 7702 to 7709 of 2016
For Petitioner in .. Mr.M.Baskaran
WPs 1168 to 1171 & 1172 to
1175 of 2014, 1722, 29414, 31251
to 31257, 32144 to 32175 of 2015,
2975 of 2016 and 3146 of 2017
For Petitioner in .. Mr.S.Muthalraj
WP(MD) 1249 of 20/14
For Petitioner in .. Mr.G.Thangavel
WP 26274 of 2014
For Petitioner in .. Mr.C.Venkatesh Kumar for
WP(MD) 20583 of 2013, 899 & M/s. Ajmal Ass.
13955 of 2015
For Petitioner in .. Mr.S.Pushpakaran
WPs. 29135 to 29146 of 2014,
& 40881 of 2015
For Petitioner in .. Mr.R.Jayaprakash
WP. 28001 to 28003 of 2016
For Petitioner in .. Mr.H.Velavadhas
WP(MD) 14340 of 2010 &
1923 of 2011
For Petitioner in .. Mr.M.S.Soundara Raj
WP No. 18662 of 2014
For Petitioner in .. Mr.R.Abdul Mubeen
WP 21502 of 2016
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WP No.3552 of 2011 etc., batch
For Petitioner in .. Mr.V.Karnan
WPs 8586 to 8588 of 2014, 30532,
30588, 30733 to 30737/14, 6709 &
37666 to 37677 of 2015, 21416 to
21424 of 2016, WP(MD) 4998 of
2014, 11831 to 11856, 12593, 12594,
17885 to 17894 & 19174 to 19177 of
2015
For Petitioner in .. Mr.S.B.Murugesan
WP 25316 & 25317 of 2013
For Petitioner in .. Mr.Giridhar & Sai
WP 33941 of 2016
For Petitioner in .. Mr.C.Jegadeesh
WP 29283 of 2014
For Petitioner in .. Mr.S.Ramasamy
WP(MD) 9070 & 9071 of 2010
For Petitioner in .. Mr.N.Krishnakumar
WPs. 33905 of 2014, 5807 of 2015
& 3105 of 2017
For Petitioner in .. Mr.T.Lajapathi Roy
WP(MD) 14210 of 2010, 2139 of
2013, 4625 to 4628 of 2013
For Petitioner in .. Mr.R.Subramanian
WP. 5013 of 2015
For Petitioner in .. Mr.S.Saravanan
WP.39865 of 2015 &
29484 of 2016
For Petitioner in .. Mr.V.S.Sivasundaram
WP. 26228 of 2013
For Petitioner in .. Mr.R.Thamaraiselvan
WP. 12171 of 2015
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WP No.3552 of 2011 etc., batch
For Petitioner in .. Mr.N.Manokaran
WP. 25099 of 2015
For Petitioner in .. Mr.M.Devadoss
WPs 29974 to 29976 of 2015
For Petitioner in .. Mr.A.Algumani
in WP(MD) 1936 of 2014
For Petitioner in .. M/s.G.Bala & Daisy
WPs.5437, 8336, 9327 & 13011 of
2015, 37120 of 2016, 17308, 18235
to 18239 & 19832, 21755 to 21782,
& 30714 to 30717 of 2017
For Respondents in .. Mr.P.H.Aravind Pandian,
WPs:3552, 11305 & 11306 of 2011, Addl. Advocate General
12482, 12483, 16436 to 16349, Asst.by Mr.Akil Akbar Ali,
25130, 25183 to 25190, 27335 & Government Advocate
27336 of 2012, 10769, 25316,
25317, 26228 & 33056 to 33063 of
2013, 1168 to 1175, 2819, 5169 to
5172, 8586 to 8588, 16259, 18662,
19185, 19564, 21366, 21399, 21410,
26274, 26387, 26388, 29135 to 29146,
29283, 30532, 30588, 30733 to 30737,
32989, 32990 & 33905 of 2014, 1722,
5013, 5437, 5807, 6709, 8336, 9327,
12171, 13011, 25099, 25171, 25172,
25369, 25375 to 25385, 29414, 29974
to 29976, 31251 to 31257, 32144 to
32175, 34563 to 34567, 37666 to 37677,
39865 & 40881 of 2015, 1115 to 1118
& 2897 to 2906 of 2016, 2975, 3013
to 3022, 21416 to 21424, 21502, 28001
to 28003, 29484, 33941, 34414, 37120
& 44005 of 2016, 3105, 3146, 17308,
17895 to 17897, 18235 to 18239, 19832,
21755 to 21782, 21760 to 21782, 30714 to
30717 of 2017, WP(MD): 9070 and 13492/10.
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WP No.3552 of 2011 etc., batch
For Respondents in .. Mr.P.H.Aravind Pandian,
in WP (MD) 14210/10 Addl. Advocate General
Asst. by Mr.V.Kathirvelu,
Spl. Government Pleader
For Respondents in .. Mr.P.H.Aravind Pandian,
WP(MD) 14340 of 2010, 1923, Addl. Advocate General
3394, 3957, 4378 & 4379 of 2011, Asst. by Mr.E.Manoharan,
3034, 3035, 12157,14229 of 2012, Addl. Government Pleader
2001, 2139, 4625, 4626, 4627, 4628,
19275 to 19277 & 20583 of 2013,
1007 1017, 1249, 1781, 1936, 3301,
4998, 9583, 9800, 9817, 9874,
10645, 10646, 10712, 10714, 10715,
10738, 10739, 13239, 13292, 14694,
14701, 14717, 15614 to 15616, 15618
to 15626, 15898, 15899, 18395 of of
2014, 802, 809, 899, 2625 to 2630,
6602, 6605, 9629 to 9633, 9972
to 9976, 10427 to 10432, 10518,
10520, 11323 to 11334, 11739 to
11751, 11831 to 11856, 12089 to
12097, 12247 to 12260, 12520
to 12537, 12593, 12594, 12852,
12873, 12874, 12884 to 12896,
13267 to 13281, 13353 to 13358,
133447, 13597 to 13611, 13620,
13621, 13718 to 13741, 13955,
14579, 14581, 14585, 14841 to
14843, 17885 to 17894, 19174
to 19177 of 2015, 2443 to 2486,
2763 2794 to 2803, 2947 to 2955,
4620 to 4638, 4689, 6848, 6858
to 6866, 7702 to 7709 of 2016,
10996, 21460 to 21491, 21939,
23179 to 23185, 23923, 24087
of 2017, 23906, 23851, 23907,
24169, 24174, 24193 of 2018
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WP No.3552 of 2011 etc., batch
For Respondents in .. Mrs.Hema Muralikrishnan,
Wps.1168 to 1171, & 1172 to Senior Counsel for R5
1175 of 2014, 2975 of 2016
For Respondents in .. M/s.T.S.Selvarani for R5
WP.29283 of 2014
For Respondents in .. Mr.S.Balaji for R4
WP. 28001 to 28003 of 2016
For Respondents in .. Mr.P.Gunasekaran,
WP(MD) 4998 of 2014 ACGSC for R4
COMMON ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The issue involved in all these writ petitions relates to the claim of upgradation as Grade-I Head Constable and Special Sub Inspector of Police on the basis of the Government Orders governing. These orders have been issued to get over the difficulties faced leading to stagnation without promotion.
2. The petitioners were recruited in the Tamil Nadu Police Service during 1960-1970. They were initially in the post of Grade-II Police Constable. As they were not in a position to get promotion, for want of qualifying the prescribed test and vacancy in the posts of Head Constable and Sub Inspector of Police, Government Orders have been passed accordingly.
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3. The grievance of the petitioners in these writ petitions is that those Government Orders would be applicable to their cases also whereas it is a specific case of the respondents that they do not have any such effect on the petitioners.
4. Considering the very same issue, the Division Bench of this Court in W.A.Nos.47 to 51 of 2014 etc., batch, by an order dated 30.08.2019, has held that the Government orders concerned are not to be applied with retrospective operation. Further, the Division Bench has held as follows:
“11.The Government Orders must contain a clear indication for giving it retrospective operation. It would not be possible to give an interpretation to the Government Orders by treating it as one giving retrospective effect, unless there is a clear recital with regard to such retrospectivity. There is no question of bringing the theory of deemed retrospective operation of a Government Order, when the relevant order is crystal clear that the intention is only to give effect prospectively. The interpretative process could not be undertaken to give a different meaning or effect to the Government Orders.Page 10 of 16
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12.The Hon'ble Supreme Court in Union of India Vs. Shankar Law Soni & another (2010(3) Scale 774), observed that a decision to grant a certain concession or a certain benefit and the conditions for their grant are a matter for the administrators alone and the Court should not interfere in the matter on the premise that it was of the opinion that some of the conditions imposed were not justified.
13.The policemen are claiming promotion as Grade-I Police Constable, Head Constable and Special Sub Inspector of Police immediately on completion of 10, 15 and 25 years of service. There was no indication in any of the Government Orders, more particularly, in G.O.Ms.No.15, Home (Pol.V) Department dated 07.01.2010 to claim deemed upgradation or retrospective upgradation. The policemen are interpreting the Government Orders as if there was a decision in their favour to grant retrospective upgradation by counting the entire service, right from the initial entry. The Government made it very clear in the relevant orders referred to above that in order to claim upgradation as Special Sub Inspector of Police, policemen must have completed 10 years of service in the rank of Head Constable. The policemen wanted the Government Orders to be interpreted in such a way that upon completing a Page 11 of 16 http://www.judis.nic.in WP No.3552 of 2011 etc., batch fixed period, they would get upgradation as Grade-I Constable automatically and thereafter, as Head Constable and ultimately as Special Sub Inspector of Police. No such indication is found in any of the Government Orders extracted above. We are therefore of the view that the appellants are correct in their contention that the writ Court committed a fundamental error while interpreting the Government Orders and the same resulted in allowing the writ petitions filed by the respondents.
14.We fully concur with the views expressed by the Madurai Bench of this Court in its order in Review Application (MD) Nos.70 of 2015 etc batch.
15.The intra Court appeals filed by the State are allowed. The connected appeals filed by the policemen are dismissed. No costs.”
5. Challenging the said order, some of the writ petitioners have filed Special Leave petitions in S.L.P.Nos.6980 to 6996 of 2018, which are pending consideration before the Apex Court. However, the review applications filed by some of the petitioners are yet to be taken on file.
6. All the learned counsels appearing for the respective parties are in agreement that the aforesaid judgment would govern Page 12 of 16 http://www.judis.nic.in WP No.3552 of 2011 etc., batch these cases also. However, the learned counsels appearing for the petitioners submitted that liberty may be given to file review applications, if the Special Leave Petitions, which were filed on the similar issue, are allowed in favour of the petitioners therein. A further request has been made that in the event, the review applications being allowed involving the same issue, the petitioners will have to be given an opportunity to file review applications.
7. We find that the submissions made by the learned counsel appearing for the petitioners merit acceptance while holding that the relief sought for in all these writ petitions is covered by the order of the Division Bench of this Court in W.A.Nos.47 to 51 of 2014 etc., batch referred supra. Accordingly, while dismissing the writ petitions, we make it clear that subject to the result of either Special Leave Petitions or Review Applications, the petitioners are at liberty to file Review Applications before this Court within a period of eight weeks from the date of receipt of copy of such an order. If those applications are filed within the aforesaid time, the Registry is directed to number them without insisting the application for condonation of delay.Page 13 of 16
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8. Accordingly, these writ petitions are dismissed. No costs.
Consequently, connected miscellaneous petitions are also dismissed.
(M.M.S.,J.) (T.K.R.,J.)
23.10.2019
Index : Yes / No
raa
To
1.The Home Secretary,
Government of Tamil Nadu
Fort St. George, Chennai-600 009.
2.The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai-600 004.
3.The Deputy Inspector General of Police, Coimbatore Range, Coimbatore.
4.The Superintendent of Police, District Police Office, Coimbatore-18.
Coimbatore District.
Page 14 of 16http://www.judis.nic.in WP No.3552 of 2011 etc., batch M.M.SUNDRESH, J.
and RMT. TEEKAA RAMAN, J.
(raa) W.P.Nos.3552 of 2011 etc., batch Page 15 of 16 http://www.judis.nic.in WP No.3552 of 2011 etc., batch 23.10.2019 Page 16 of 16 http://www.judis.nic.in