Madras High Court
The Commissioner Of Police vs S. Suresh Verma on 23 September, 2021
W.A.No. 1573 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
W.A.No. 1573 of 2014 and
C.M.P. No. 18217 of 2016 & M.P. No. 1 of 2014
The Commissioner of Police,
Greater Chennai Police,
Egmore,
Chennai – 600 008. ...Appellant
Vs.
S. Suresh Verma ....Respondent
Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set
aside the order dated 18.12.2013 passed in W.P.No.33761 of 2013 and
allow the Writ Appeal.
1/8
https://www.mhc.tn.gov.in/judis
W.A.No. 1573 of 2014
For Appellant : Mr.K.V. SanjeevKumar
Government Counsel.
For Respondent : Mr.S. Soundararajan
*****
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J)
This Writ Appeal has been preferred against the order of the learned
Single Judge dated 18.12.2013, passed in W.P.No.33761 of 2013, in
allowing the Writ Petition and also by directing the Appellant to grant
upgradation to the Writ Petitioner as Special Sub Inspector of Police from
the year 2011.
2. According to the learned counsel for the Appellant, the learned
Single Judge referred to the previous punishments that were imposed on the
Writ Petitioner, and relied upon the judgment of the Madurai Bench of this
Court in W.A.(MD) Nos.1506 of 2011 etc., batch cases, wherein after
referring to Rule 25 (b) of the Special Rules for Tamil Nadu Subordinate
Service Rules, it was held that a police person transferred from one
district/wing to another district/wing will not lose his seniority. Despite
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W.A.No. 1573 of 2014
such reference and reliance in the orders, the learned Single Judge has
granted the relief to the Writ Petitioner, which is not proper as the
Petitioners therein stand in a different footing than that of the Writ
Petitioner. It was further submitted by the learned Government Counsel that
in a similar issue, SLP is pending, which is evident from the Judgment
passed in W.A.No.2891 of 2019 dated 04.09.2019.
3. The learned counsel appearing for the Respondent submitted that
the learned Single Judge, by referring to Rule 25 (b) of the Special Rules for
Tamil Nadu Subordinate Service Rules, has rightly granted relief as stated
supra. He further submitted that the stand taken by the Appellant herein
that petitioners in W.P.No.7578 of 2013 are not similarly placed to that of
Appellants in W.A.No.1506 of 2011, shall not apply to the present case on
hand, in view of the Para 7 of the the Judgment dated 04.09.2019 made in
W.A.No.2891 of 2019.
4. Heard both sides. Perused the records.
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W.A.No. 1573 of 2014
5. A perusal of the order passed by the learned Single Judge would go
to show that the learned Single Judge, by relying upon the Judgment of the
Madurai Bench of this Court in W.A.(MD) Nos.1506 of 2011 etc., batch
cases, has granted the aforesaid relief to the Writ Petitioner and in the said
order, there was a reference to Rule 25(b). In this context, it is useful to
extract the Rule 25 (b) of the Special Rules for Tamil Nadu Subordinate
Service Rules as under:
"Rule 25 (b):The transfer of a person
from one class or category of the service to
another class or category carrying the same
pay or scale of pay shall not be treated as
first appointment to the latter for purposes
of seniority and the seniority of a person so
transferred, shall be determined with
reference to the rank in the class or
category from which he was transferred.
Where any difficuilty or doubt arises in
applying this sub rule seniority shall be
determined by the appointing authority.
6. In the Judgment relied upon by the learned Government counsel
for the Appellant in W.A.No.2891 of 2019 dated 04.09.2019, it has been
held as under:
"5. Therefore, by consent of learned
counsel appearing for both parties, instant
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W.A.No. 1573 of 2014
writ appeal is taken up for final disposal.
6.As similar batch of writ appeals
viz., W.A.No.2494 of 2013 etc. batch dated
29.08.2019, has been allowed in favour of
the State, we are of the view that the said
decision squarely applies to the instant writ
appeal. Following the same, WA.No.2891
of 2019, is allowed. Order made in
W.P.No.7578 of 2013 vide common order in
W.P.Nos. 18554 of 2012 etc batch of writ
petitions, dated 31.10.2014, is set aside. No
costs. Consequently, the connected Civil
Miscellaneous Petition is closed.
7. However, bringing to the notice of
this Hon'ble Court,
Mr.P.S.Sivashanmugasundaram, learned
Special Government Pleader submitted that
earlier Review Application was filed before
the Madurai Bench of this Court, to review
the decision rendered by this Court in writ
appeals and few of them, affected by the
decision made in the review petition have
filed Special Leave (Civil) Nos.24326-
24335 of 2018 before the Hon'ble Supreme
Court and that in the said petitions, notice
have been ordered.
8.Learned Special Government
Pleader further submitted that counter
affidavit, has been filed in the above SLP
(C) and Hon'ble Supreme Court has also
directed SLP(C) Nos.24326 - 24335 of
2018, to be tagged alongwith SLP (C)
Nos.6980 to 6996 of 2018.
9.Inasmuch as some of them have
approached the Hon'ble Supreme Court,
decision made in the above SLPS, under
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W.A.No. 1573 of 2014
Article 141 of the Constitution of India, is
binding and be applied to all persons
similarly placed, while allowing the instant
Writ Appeal No.2891 of 2019, we only
observe that decisions made in SLPS be
applied to the case of the respondent
herein, as well."
7. Considering the aforesaid facts and circumstances of the case, we
do not want to interfere with the order of the learned Judge, for the reason
that in terms of Rule 25(b) of the Special Rules for Tamil Nadu
Subordinate Service Rules, a police person transferred from one
district/wing to another district/wing will not lose his seniority, which has
been clearly dealt with by the learned Single Judge.
8. Insofar as the Judgment dated 04.09.2019, in W.A.No.2891 of
2019, relied upon by the learned Government counsel for the Appellant is
concerned, it is made clear that it is for the Department to work out the
remedy in accordance with law, after the orders in the pending SLP.
9. In the result, this Writ Appeal stands dismissed and the order
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W.A.No. 1573 of 2014
dated 18.12.2013, passed by the learned Single Judge in W.P.No.33761 of
2013 is confirmed. No costs. Consequently, connected Miscellaneous
Petitions are closed.
[S.V.N., J.,] [A.A.N., J]
23.09.2021
Index: Yes/no
Internet: Yes/no
arr
https://www.mhc.tn.gov.in/judis
W.A.No. 1573 of 2014
S. VAIDYANATHAN,J
and
A.A. NAKKIRAN, J
arr
W.A.No. 1573 of 2014
23.09.2021
https://www.mhc.tn.gov.in/judis
