W.P.No.28445 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.28445 of 2018
G.A.Abdulla Shariff ... Petitioner
Versus
The Director General of Police,
Director General of Police Office,
Kamarajar Salai, Chennai 600 004. ... Respondent
Petition filed under Article 226 of the Constitution of India praying to
issue Writ of Mandamus to direct the respondent to consider the
representation dated 28.08.2018 and to consider the seniority of Police Officers
with regard to providing retirement benefits.
For Petitioner : Mr.M.Madhu Prakash
For Respondent : Mr.T.Arunkumar
AGP.
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondent to consider the representation of the petitioner dated 28.08.2018 and to direct the respondent to consider the seniority of the police officers with regard to providing retirement benefits and pass orders within a time frame to be fixed by this Court.
https://www.mhc.tn.gov.in/judis 1/4 W.P.No.28445 of 2018
2. The petitioner joined the Police Department as Grade II Constable on 12.08.1980. On 01.12.1999, he received promotion as Head Constable. On 16.03.2010, the petitioner was appointed as the Special Sub Inspector of Police. On 06.06.2012, the petitioner was promoted to the post of Sub Inspector of Police. On 22.06.2012, the petitioner received the order for undergoing training for Sub Inspector of Police. Thereafter, on 03.01.2013, the petitioner got promoted as Sub Inspector of Police and on 31.01.2017, the petitioner retired from the police department. Thereafter, the petitioner has given representation on 28.08.2018 to consider the seniority of police officers with regard to providing retirement benefits.
3. The petitioner's grievance is that even though he had completed 37 years of service, all the officers in “C” list of Head Constables who have completed less than 25 years of services were given preference and had been appointed as Sub Inspectors of Police along with petitioner's batch and he was not given preference and without considering the aspect of seniority for his promotion as Sub Inspector of Police. According to the petitioner, the appointment of “C” list Head Constables becoming Sub Inspectors had affected the Special Sub Inspectors like the petitioner who had joined the department much earlier to them from becoming Sub Inspectors of police. https://www.mhc.tn.gov.in/judis 2/4 W.P.No.28445 of 2018
4. A counter affidavit has been filed by the respondent denying the contentions of the petitioner and they would submit that by following the procedure as per Rules, the promotion of “C” list head constables were made by the respondent.
5. Learned Additional Government Pleader appearing for the respondent relies upon a Full Bench decision of this Court dated 04.02.2022 in W.A.No.3748 of 2016 etc., batch and in particular, he relied upon paragraph 41 of the said judgment.
6. However, learned counsel for the petitioner would submit that the said judgment is not applicable to the case of the petitioner since the said judgment is only prospective and not retrospective. The Full Bench judgment was passed on 04.02.2022, whereas the petitioner retired from service as early as in the year 2017 itself and therefore, the said submission is not applicable to him.
7. I am not expressing any opinion on the merits of the petitioner's claim. This Court is also not passing any positive direction in this writ petition. No prejudice would be caused to the respondent if a direction is issued to the https://www.mhc.tn.gov.in/judis 3/4 W.P.No.28445 of 2018 ABDUL QUDDHOSE, J sr respondent to consider the petitioner's representation on merits and in accordance with law within a time frame to be fixed by this Court.
8. For the foregoing reasons, this Court directs the respondent to pass final orders on the petitioner's representation dated 28.08.2018, requesting to consider the seniority of Police Officers with regard to providing retirement benefits, on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
With the aforesaid direction, the writ petition is disposed of . No costs.
16.09.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order To The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai 600 004.
W.P.No.28445 of 2018 https://www.mhc.tn.gov.in/judis 4/4