Madras High Court
V.Subramanian vs The Deputy Inspector General Of ... on 26 May, 2021
W.A.No.1422 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.05.2021
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE Mr. JUSTICE C.SARAVANAN
W.A.No1422 of 2021
and C.M.P.No.8829 of 2021
V.Subramanian ... Appellant
Vs.
1.The Deputy Inspector General of Police
Salem Range
Salem 636007
2.The Deputy Superintendent of Police
In-Service Training Centre
Salem 636002
3.T.S.Kailasam
Inspector of Police
Naillipalayam P.S.
Namakkal District ... Respondents
Writ appeal filed under Clause 15 of the Letters Patent, to set aside the
conditional interim order passed in WMP. No.1254 of 2021 in WP.No.1126 of
2021.
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W.A.No.1422 of 2021
For Appellant : Mr.M.Ravi
For Respondents : Mr.P.Muthukumar
Government Advocate
JUDGMENT
(Judgment delivered by Dr.G.JAYACHANDRAN, J.)
The writ petition in WP.No.1126 of 2021 is filed by the petitioner, who
has been serving as Inspector of Police at In-Service Training Centre (ISTC),
Salem. On 08.01.2021, he was transferred from ISTC, Salem to Range
Vacancies Reserved. Immediately, the petitioner has approached this Court by
filing W.P.No.1126 of 2021, challenging the transfer order on the ground that
the G.O.Ms.No.10 (P&AR) Department, dated 07.01.1994, prohibits transfer of
a Government servant within a year of his superannuation and further the
person, who has passed the transfer order has no authority to transfer him. This
Court passed an interim order, at the time of admission on 21.01.2021, as
below :
"3. It is represented by the learned counsel for the petitioner that
the petitioner is going to retire on 31.05.2021. Hence, there shall be an
order of interim stay. The petitioner is permitted to continue in the
present station till 31.05.2021. In case of any extension of age of
retirement, the petitioner will have to get himself relieved and join in the
transferred place and he will not be allowed to continue in the same
place. If the petitioner refuses to go out after31.05.2021, in case the age
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W.A.No.1422 of 2021
of retirement is increased, he will not be provided with employment in
the same place and this period can be treated as 'no work no pay' and
shall be excluded for the purpose of gratuity and pension, if any.
4. It is made clear that Private Notice shall be despatched within
three postal working days excluding today either through Speed Post or
Registered Post and at the first instance, it is absolutely necessary to file
the postal receipt into the Registry to show the despatch of private
notice, within two working days from the date of despatch, without
waiting for the fate of delivery. On the other hand, the receipt of
acknowledgement card/returned cover is the second course of action for
the purpose of filing a proof of service so as to hear the matter, after the
service is complete and it has got nothing to do with the proof of
despatch of private notice at the initial stage. The private notice shall be
served by enclosing a copy of the affidavit and the prayer in the Writ
Petition, so that as and when parties enter appearance, typeset can be
served either on them or counsel representing them. Learned counsel for
the Petitioner shall also pay batta within three Court working days
excluding today into the Registry in order to enable them to send Court
notice to the Respondents. Failure to comply with the above will result
in automatic cancellation of the interim order now granted, without
further reference to this Court.
5. Post the matter on 01.06.2021."
2. Thereafter, the Inspector General of Police, Salem Range has
cancelled the transfer order and the petitioner was retained in ISTC, Salem.
This cancellation of transfer and posting order was issued on 02.02.2021. Now,
anticipating that the petitioner will be transferred on 01.06.2021, this writ
appeal is filed, challenging the interim order passed by this Court on
21.01.2021.
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W.A.No.1422 of 2021
3. The learned counsel appearing for the appellant submitted that the
1st respondent has no authority to transfer the petitioner and the interim order
dated 21.01.2021 giving protection till 31.05.2021, is now bound to be
extended for another one year, since the age of superannuation has been
extended by the Government from 59 to 60 years vide G.O.Ms.No.29 (P&AR)
Department, dated 25.02.2021.
4. This Court is not able to understand how a writ appeal is maintainable,
when the writ petition and the interim order passed therein, has already become
infructuous, in view of the transfer order being cancelled by the 1st respondent
on 02.02.2021. This Court finds that the petitioner herein, who wants to
circumvent or defeat the administrative exercise of powers by the authorities,
wants to sustain the interim order taking advantage of the extension of the
superannuation period. This Court cannot be privy to such conduct. Hence,
this Writ Appeal is dismissed. Connected Miscellaneous Petition stands closed.
(G.J., J.) (C.S.N., J.)
26.05.2021
Internet: Yes
gya/kp
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W.A.No.1422 of 2021
To
1.The Deputy Inspector General of Police
Salem Range
Salem 636007
2.The Deputy Superintendent of Police
In-Service Training Centre
Salem 636002
3.The Inspector of Police
Naillipalayam P.S.
Namakkal District
https://www.mhc.tn.gov.in/judis/
W.A.No.1422 of 2021
Dr.G.JAYACHANDRAN,. J.
AND
C.SARAVANAN, J.
gya/kp
W.A.No1422 of 2021
26.05.2021
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