R.Gajendiran vs The Secretary To Government
2021 Latest Caselaw 345 Mad

                                                                                 W.P.(MD)No.3455 of 2010


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 06.01.2021

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               W.P(MD)No.3455 of 2010
                                                       and
                                               W.M.P(MD)No.2 of 2010

                      R.Gajendiran                                         ... Petitioner
                                                             Vs.

                      1.The Secretary to Government,
                        Home Department,
                        Chennai – 600 009.

                      2.The Director of Police,
                        Chennai – 600 004.

                      3.The Superintendent of Police,
                        District Police Office,
                        Karur District.                                    ... Respondents


                      Prayer: Writ Petition is filed under Article 226 of the Constitution of
                      India, for issuance of a writ of certiorari, to call for the records pertaining
                      to the impugned order of reversion passed by the 3rd respondent herein in
                      his     proceedings     D.O.No.188/2010,        C.No.A3/1582/2010          dated
                      08.03.2010 and quash the same insofar as the petitioner is concerned.
                                            For Petitioner         : Mr.G.Bala
                                            Respondents            : Mr.D.Muruganantham,
                                                                    Additional Government Pleader


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                                                                             W.P.(MD)No.3455 of 2010


                                                      ORDER

This writ petition is filed seeking a writ of certiorari to quash

the impugned order of reversion passed by the 3rd respondent vide

proceedings in D.O.No.188/2010, C.No.A3/1582/2010 dated

08.03.2010.

2.The case of the petitioner is that the petitioner has entered

into the Police Department as Police Constable Grade II in the year 1195

and he had opted to work in the Special Task Force (STF) formed by the

Government to apprehend the notorious forest brigand Veerappan.

In the daring and intrepid operation the forest brigand Veerappan was

shot dead by the Special Task Force. In the recognition of the petitioner's

courage, the Government had passed an order in G.O.Ms.No.1346, Home

(Police VIII) Department dated, 16.12.2004 awarding one stage of

accelerated promotion to the members of the Special Task Force, who

had participated in the encounter killing of the forest brigand Veerappan.

Based on the above Government Order, the petitioner was promoted from

the post of Grade II Police Constable to the post of Grade I Police

Constable, with effect from 30.10.2004 and therefore, the petitioner was

given accelerated promotion with due seniority in the promoted post

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W.P.(MD)No.3455 of 2010

strictly in accordance with law. The petitioner was also further promoted

as Head Constable on 28.1.2005 and the probation of the petitioner was

completed in the year 2007 in the rank of Head Constable.

3.While so, the 1st respondent has passed an order based on

G.O.Ms.No.1396 Home (Pol.IA) Department, dated 03.10.2007 stating

that the accelerated promottees cannot have their seniority in the

promoted post and the said G.O.Ms.No.1396 was challenged before this

Court in W.P.No.17312 of 2008 and this Court by order, dated

30.10.2009 observed that accelerated promottees cannot have their

seniority in the promoted post and based on which, the present impugned

proceedings have been passed.

4.The learned Counsel appearing for the petitioner submitted

that the impugned order has been passed without giving any opportunity

of hearing to the petitioner and hence, the impugned proceedings issued

without affording an opportunity to petitioner is in violation of principles

of natural justice. Therefore, the learned Counsel prayed that this Court

may set aside the impugned proceedings and remand back the matter for

fresh consideration, after affording an opportunity to the petitioner.

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W.P.(MD)No.3455 of 2010

5.Per contra, the learned Additional Government Pleader

appearing for the respondents submitted that the very same issue has

been raised by a similarly placed person like the petitioner in

W.P(MD)No.1349 of 2011, wherein this Court has held that since the

reversion order was passed, based on the judgment of this Court, there is

nothing illegal in the reversion order and hence, the learned Additional

Government Pleader prayed that this writ petition be dismissed.

6.Heard the learned Counsel appearing for the petitioner and

the learned Additional Government Pleader appearing for the

respondents and also perused the materials placed on record.

7.Admittedly, the petitioner has entered into the Police

Department as Police Constable Grade II and he opted to work in the

Special Task Force and thereafter, the petitioner was given one

accelerated promotion and promoted as Police Constable Grade I on

30.10.2004 and subsequently, he was promoted as Head Constable on

28.01.2005 and he has also completed his probation in the year 2007 in

the rank of Head Constable. While so, the Government issued

G.O.Ms.No.1396 Home (Pol.IA) Department, dated 03.10.2007 stating

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W.P.(MD)No.3455 of 2010

that the accelerated promottees cannot have their seniority in the

promoted post, which was challenged before this Court and the said

G.O.was also upheld by this Court recently.

8.It would be appropriate to refer to the decision of this Court

in W.P(MD)No.1349 of 2011, dated 17.04.2012, wherein it has been held

that the reversion order was passed based on the judgment of this Court

and hence, there is nothing illegal in the reversion order and the relevant

portions read as follows:

“The petitioner was a Grade-II Police constable and he was granted accelerated promotion of Grade-I Police Constable for his participation in the Special Task Force [STF] that involved in nabbing Veerappan in the forest. Based on the promotion of Grade-I Police constable, he was further promoted as Head Constable. Later this Court passed an order dated 14.10.2009 in W.P(MD)No.35716 of 2007 batch, relating to accelerated promotion. Para 28(6) of the said judgment is relevant for the purpose of this case and the same is extracted hereunder:

“The Government was well within its power in deleting para 5(e) in G.O.Ms.No.1252, dated 29.10.2004 and substituting by new one in G.O.Ms.No.1346 Home Department, dated 06.12.2004, namely,

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W.P.(MD)No.3455 of 2010

“The Seniority between the accelerated promottees and the general promottees in the promoted category, ie., with reference to their inter-se-seniority in the lower grade. At any stage, the accelerated promotion will not give the individual accelerated consequential seniority, since the accelerated promotion is only for one stage.

Based on the said judgment, the petitioner was issued with the impuned order reverting into the post of Grade-I Police Constable as his seniority got affected pursuant to the aforesaid order dated 14.10.2009 made in W.P(MD)No.35716 of 2007 batch. On promotion to the post of Grade I Police Constable due to accelerated promotion, the regular promottees, who were senior in feeder category, would be treated as seniors in Grade -I Police Constable Post. That is the result of the judgment referred to above.

2.Hence, the impugned order was passed reverting the petitioner as Grade -I Police Constable. The petitioner seeks to challenge the impugned order. Since the impugned order is based on the judgment of this Court, there is nothing illegal in the impugned order.

3.The writ petition fails and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.”

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W.P.(MD)No.3455 of 2010

9.As this Court in the very same issue, held that the impugned

proceedings of reversion has been issued, in pursuance of the orders

passed by this Court and there is no infirmity or illegality in the

impugned proceedings, there is no need for the respondents to issue any

notice to the petitioner and therefore, considering the facts and

circumstances of the case and also by applying the above cited decision

of this Court, I am not inclined to interfere with the impugned

proceedings and accordingly, the writ petition stands dismissed. Further,

the interim stay granted on 18.03.2010 in M.P(MD)No.2 of 2010 is

hereby vacated and the miscellaneous petition in M.P(MD)No.2 of 2010

is also dismissed.

                                                                             06.01.2021

                      Index      : Yes / No
                      Internet   : Yes/ No
                      dsk

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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W.P.(MD)No.3455 of 2010

To:-

1.The Secretary to Government, Home Department, Chennai – 600 009.

2.The Director of Police, Chennai – 600 004.

3.The Superintendent of Police, District Police Office, Karur District.

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W.P.(MD)No.3455 of 2010

M.DHANDAPANI,J.

dsk

W.P(MD)No.3455 of 2010

06.01.2021

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