HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 39681 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Special Government Pleader. With the consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This Writ petition is filed declaring the action of the respondents in not regularizing the services of the petitioner in the category of Head Constable with effect from 17.03.1991, the date on which he was promoted as Head Constable on out of turn basis and thereby not revising his promotions to the higher posts of Assistant Sub Inspector and Sub Inspector of Police (Civil) by implementing the orders of the Hon'ble Tribunal dated 07.06.2013 passed in O.A No.4207 of 2013 while implementing the similar directions in respect of similarly situation persons based on the directions of this Hon'ble Court vide C.No.124/A1- Estt/MZ-1/2022, dated 22.09.2022 without any justification or reasonable cause on the untenable ground that the petitioner has not approached this Hon'ble Court and obtained orders is as illegal, arbitrary and consequently direct the respondents to consider the case of the petitioner for regularization of his services with effect from 17.03.1991 the date on which he was promoted as Head Constable on out of turn basis and confer notional seniority in the higher categories on that basis with all consequential benefits including further promotion to the post of Circle Inspector of Police etc., by implementing the orders of the Hon'ble Tribunal dated 07.06.2013 passed in O.A No.4207 of 2013.
3. When the matter was taken up for hearing, learned counsel for the petitioner submits that the present writ petitions is squarely covered by the order passed by this Court in W.P.No.31884 of 2021 dated 03.12.2021, reads as follows:-
" In view of the above submission, following the order dated 15.01.2021 passed by this Court in W.P.No.24687 of 2020 and in terms thereof, this Writ Petition is disposed of as follows :-
Having regard to the contention of learned counsel for the petitioner that the petitioner is also similarly situated and judgment made in his favour by the Tribunal has become final, the Writ Petition is disposed of directing the respondents - Police to consider the claim of the petitioner for promotion to the post of Circle Inspector of Police (Civil) in full compliance of the directions issued by the Tribunal, if he stands on par with Sri M. Prabhakar Raju, who filed W.P.No.199 of 2019, without waiting for disposal of review petition. No equities can be claimed by the petitioner, if the review petition filed by the State is allowed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs."
Learned counsel for the petitioner further prays this Court to dispose of the present writ petition in terms of the order dated 03.12.2021.
4. Learned Special Government Pleader submits that order dated 03.12.2021 covers this writ petition and similar order may be passed.
5. Having considered the submission made by the learned counsels on either side and in terms of the order dated 03.12.2021 in W.P.No.31884 of 2021, this writ petition is disposed of with a direction to respondents to consider the claim of the petitioner for promotion to the post of Circle Inspector of Police (Civil ) and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of the order, after giving a fair opportunity of hearing to the petitioner and communicate the same to the petitioner.
6. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
____________________________ N.V.SHRAVAN KUMAR,J 28.10.2022 Su