Madras High Court
D.Baskaran vs Director General Of Police (Law ... on 27 July, 2021
W.A. No.617 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.617 of 2021
D.Baskaran ...Appellant
Vs.
1. Director General of Police (Law and Order),
Dr.Radhakrishnan Road,
Mylapore, Chennai - 600 004.
2. Director General of Police,
TNUSRB (Tamil Nadu Uniform Services),
Recruitment Board,
Chennai 600 004. ...Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent to set aside
the order dated 03.06.2020 passed in W.P.No.11798 of 2014.
****
For Appellant : Mr.K.Ravi Anantha Padmanaban
For Respondents : Mr.C.Jayaprakash
Government Counsel
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Page No.1 of 6
W.A. No.617 of 2021
JUDGMENT
(Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.)
The Writ Appeal is directed against the order dated 03.06.2020
passed by the learned Single Judge in W.P.No.11798 of 2014.
2. The appellant joined as a Police Constable in the year 1988 and
he was selected as a Sub Inspector of Police under 20% quota for the in-
service candidates in the year 1997 and was selected up to the final stage.
As he was wearing spectacles, he was not given the promotion. A medical
test was conducted and the Medical Board had recommended that the
appellant was fit to work as Sub Inspector of Police with glasses on
23.02.1999. Though the said opinion of the Board was not communicated
to the appellant, the appellant, after an ordeal, filed O.A.No.1963 of 1999
before the Tamil Nadu Administrative Tribunal. Finally, he succeeded
before this Court in W.P.No.19714 of 2004, wherein, the Division Bench,
by order dated 04.11.2006 directed the respondents to conduct a fresh
medical test for the petitioner by taking into account the certificate issued by
the Medical Board. By then, the appellant got his eye sight corrected and he
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W.A. No.617 of 2021
was fit for the post of Sub Inspector of Police without wearing glasses. The
SLP filed by the respondents before the Hon'ble Supreme Court was also
dismissed on 08.03.2010. Only thereafter, after 12 years, the appellant was
sent for training from 10.06.2011 along with 2010 batch candidates and
after completion of the training, he was posted as Sub Inspector of Police
(Taluk) on 17.12.2012.
3. Now, the dispute is with respect to fixing the seniority of the
appellant by placing him appropriately. When the Mandamus was sought
for by the petitioner in W.P.No.11798 of 2014, the same was issued by the
Writ Court on 03.06.2020, directing the respondents to consider petitioner's
representation, in the light of the memorandum in Rc.No.257256/Rect 1
(2)/2019 dated 05.01.2020 issued by the Office of the Director General of
Police, Chennai. The said Memorandum had considered the cases of Police
Constables and the Head Constables, who had identical issue. The
appellant also was temporarily declared unfit due to the defect in the eye
and later by surgery, it was corrected and he was declared fit.
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W.A. No.617 of 2021
4. Without considering the above facts, the Director General of
Polic, Head of Police Force has passed the order dated 19.10.2020 rejecting
the claim of the appellant to fix the seniority on par with his 1997-1998
batch mates. The only reason given was that the seniority list once settled,
cannot be unsettled after a lapse of long time.
5. When Grade-II police constable and the Head Constable, who
had similar defects were considered and their seniority were fixed, the
respondents ought to have considered the case of the appellant also in the
light of the same memorandum, while implementing the direction given by
this Court.
6. Therefore, the second respondent is directed to consider the
case of the appellant once again and fix his seniority on par with his batch
mates, based on the directions given by this Court on 03.06.2020 in
W.P.No.11798 of 2014, within a period of four weeks from the date of
receipt of a copy of this judgment.
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W.A. No.617 of 2021
7. Accordingly, the Writ Appeal is disposed of. No costs. Post
the matter on 25.08.2021 'for reporting compliance'.
[P.S.N., J.] [K.R., J.]
27.07.2021
Index : Yes/No
Internet : Yes/No
srn
To
1. The Director General of Police (Law and Order),
Dr.Radhakrishnan Road,
Mylapore, Chennai - 600 004.
2. The Director General of Police,
TNUSRB (Tamil Nadu Uniform Services),
Recruitment Board,
Chennai 600 004.
http://www.judis.nic.in
W.A. No.617 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A. No.617 of 2021
27.07.2021
http://www.judis.nic.in
