Madras High Court
S.M.Arjunan vs State Of Tamil Nadu on 6 January, 2021
W.P.Nos.2713 and 2714 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.Nos.2713 & 2714 of 2014
S.M.Arjunan .. Petitioner in WP.No.2713 of 2014
S.Chandra Bose .. Petitioner in WP.No.2714 of 2014
Vs
1. State of Tamil Nadu,
Rep.by its Secretary to Government,
Home (Police) Department,
Fort St.George, Chennai – 600 009.
2. The Director General of Police,
Chennai – 600 004.
3. The Superintendent of Police,
Cuddalore District,
Cuddalore.
... Respondents in both WPs
Common Prayer:These Writ Petitions filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of Mandamus directing
the respondents herein to fix the basic pay of the petitioners on par with the
basic pay fixed for the police personals transferred from the Tamil Nadu
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W.P.Nos.2713 and 2714 of 2014
Special Police Establishment to the Coimbatore City Police by stepping up
the basic pay of the petitioners herein.
For Petitioners : Mr.V.Ramajegadeesan in both WPs
For Respondents : Mr.S.Thangavel, Spl.GP in both WPs
COMMON ORDER
The prayer made in these writ petitions is to issue a mandamus
directing the respondents herein to fix the basic pay of the petitioners on par
with the basic pay fixed for the police personnel transferred from the Tamil
Nadu Special Police Establishment to the Coimbatore City Police by
stepping up the basic pay of the petitioners herein.
2.According to the petitioners, they were enlisted in the police
department on 12.01.1980 and 15.05.1980 respectively, as Grade II
Constables and were later, promoted as Grade I Constables on 26.02.1995
and thereafter, as Head Constables with effect from 10.05.2000. It is the
grievance of the petitioners that one Eswaran and 34 others, who were
recruited in the year 1981 as Grade II Constable, Category III in Tamil Nadu
Special Police Establishment and were transferred to Taluk police on
request as Grade II police constables in the year 1993, were promoted as
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W.P.Nos.2713 and 2714 of 2014
Grade I Constables in the year 1998 and became Head Constables on
16.09.2000. However, their basic pay was fixed as Rs.5,800/- per month,
whereas the basic pay of the petitioners was Rs.4,800/- per month. Hence,
the petitioners made representations dated 20.01.2014 to the respondents to
step up their scale of pay on par with their juniors. Finding no response on
the said representations, the petitioners are before this Court with the
present writ petitions.
3.The third respondent has filed a separate counter affidavit pointing
out that the petitioners' claim cannot be considered with that of the other
employees. For better appreciation, paragraphs 5 & 6 of the said counter
affidavit read as follows:-
“5. In this regard, it is submitted that the case of
Eswaran and others were different. They were recruited in
Tamilnadu Special Police Battalion as Gr.II PC and they
were promoted to the posts of Naik and H.C. In Tamilnadu
Special Police Battalion, While the petitioner was serving in
Armed Reserve as Gr.II.PC till 1993. While Tr.Eswaran
was transferred to A.R. in the year 1993 he was still
enjoying higher pay than this petitioner. Though the
Tamilnadu Special Police Personnel were relieved on
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W.P.Nos.2713 and 2714 of 2014
transfer to District A.Rs on foregoing their seniority and
they entered as Gr.II PCs, pay protection was given to them,
so that they may not draw a lesser pay than that was already
drawn.
6. In this regard, after much litigations in the matter
the Government have passed orders in G.O.(Ms)No.637
Home (Pol.IX) Department, dated 03.08.2009. It was
ordered that the directions issued in memo
C.No.133827/P.A.I(1)/02 dated 27.07.1982 to fix the pay of
such Police Personnel at the appropriate place taking into
account the pay last drawn in Tamilnadu Special Police
Battalion and the difference to be given as pay protection to
such Police Personnel transferred to District A.R. from
Tamilnadu Special Police Battalions be approved as a
special case. It was also instructed that Police Constable of
Tamilnadu Special Police coming to local agreeing to serve
in a lower category of the Gr.II Police Constable in A.R.
shall be paid only a salary be fitting the lower ranking in
future. As such the method of pay fixation followed in the
case of the Personnel by Tamilnadu Special Police Battalion
hither to, has been approved by the Government. This
measure was taken by the Government as one time
concession, extended to these personnel who joined
Tamilnadu Special Police long before the introduction of
single point entry system in the Department, when there
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W.P.Nos.2713 and 2714 of 2014
were separate recruits for Tamil Special Police Battalions
and A.R. in Districts.”
It is further stated therein that by judgment of this Court dated 02.07.2013 in
WA.Nos.398 and 399 of 2013, similar request of one B.Radhakrishnan and
K.Padmaraj relating to stepping up their pay on par with Eswaran vide order
of the Commissioner of Police, Coimbatore City in C.P.O.No.1545 / 2011
dated 01.10.2011, was cancelled and refixed in C.P.O.No.1275 / 2013 dated
24.09.2013.
4.However, today, when the matters were taken up for consideration,
the learned Special Government Pleader appearing for the respondents fairly
submitted that the respondents would consider the representations of the
petitioners and pass orders, on merits, within a reasonable time to be fixed
by this Court.
5.In view of the aforesaid submission made by the learned Special
Government Pleader appearing for the respondents, this Court directs the
respondents to consider the representations of the petitioners dated
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W.P.Nos.2713 and 2714 of 2014
20.01.2014 and pass appropriates orders, on merits and in accordance with
law, within a period of eight weeks from the date of receipt of a copy of this
order.
6. Accordingly, both these Writ Petitions are disposed of. No costs.
06.01.2021
Index : Yes/No
Internet : Yes/No
av
To
1. Secretary to Government,
Home (Police) Department,
Fort St.George, Chennai – 600 009.
2. The Director General of Police,
Chennai – 600 004.
3. The Superintendent of Police,
Cuddalore District,
Cuddalore.
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W.P.Nos.2713 and 2714 of 2014
R.MAHADEVAN, J.
av
W.P.Nos.2713 & 2714 of 2014
06.01.2021
https://www.mhc.tn.gov.in/judis/
