Madras High Court
M.K.Sethuraman(Rtd Si) vs The Government Of Tamil Nadu on 6 April, 2022
W.P.(MD)No.15177 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.15177 of 2019
M.K.Sethuraman(RTD SI) ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by its Secretary to Home Department,
Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai-4.
3. The Principal,
Temporary Police Training College,
Coimbatore.
4. The Deputy Inspector General of Police,
Dindigul Range,
Dindigul.
5. The Superintendent of Police,
Theni District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15177 of 2019
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, call for the records relating to
the impugned order in C.No.A1/4757/166/2019 dated 10.06.2019 and
quash the same and consequently direct the 4th and 5th respondents to give
the notional promotion with monetary benefits and equal pension for the
post of inspector of police from the retirement date as per the panel list
prepared by the 3rd respondent dated 19.03.2004.
For Petitioner : Mr.A.Rajaram
For Respondents : Mr.D.S.Nedunchezhian
Government Advocate
ORDER
The relief sought for in this writ petition is to quash the impugned
order in C.No.A1/4757/166/2019 dated 10.06.2019 and consequently to
direct the fourth and firth respondents to give notional promotion with
monetary benefits and equal pension for the post of Inspector of Police
from the retirement date as per the panel list prepared by the third
respondent dated 19.03.2004.
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W.P.(MD)No.15177 of 2019
2.Based on such notional promotion, a batch of writ petitions were
filed with the similar claim for retrospective promotion and the learned
counsel for the petitioners made a submission that against the judgment
of the Hon'ble Division Bench, Special Leave Petition was filed and the
matter is subjudiced before the Hon'ble Supreme Court of India.
3.However, the learned Government Advocate appearing for the
respondents made a submission that during the pendency of the Special
Leave Petition before the Hon'ble Supreme Court of India, the Hon'ble
Full Bench of this Court decided the issue and delivered the judgment on
04.02.2022 as follows:
42.In view of the above discussion, we proceed to
answer the second question that has been referred to this
Full Bench hereunder:
“We hold that the Division Bench in V.Samy case did
not lay down the law correctly and we uphold the law laid
down in V.Ramachandran case to the extent that there is no
deemed upgradation or deemed promotion contemplated in
the relevant Government orders and the benefit of
upgradation/promotion to the next level can be
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15177 of 2019
granted/claimed only on completion of the qualifying
service in each level/rank as prescribed in the relevant
Government Orders. At the risk of repetition, insofar as
understanding the expression “retrospective operation” is
concerned, we hold that The Government Orders operate
prospectively but it imposes/grants new results in respect of
a past event. In other words, the Government Order
operates forward but it looks backward and in that it
attaches new consequences for the future to an event that
took place before the Government Order was issued. If the
Government Orders are understood in this perspective, there
is no need to get into the issue of “retrospective operation.
Thus, we are of the view that the Division Bench while
rendering the judgment in V.Ramachandran case has dealt
with the Government Orders in its proper perspective and
the judgment in V.Samy case is hereby overruled.”
4.As per the judgment of the full bench, the judgment in V.Samy
case was held as the law not correctly lay down and the judgment in
V.Ramachandran case, is upheld by the Hon'ble Full Bench of this Court.
However, it is contended that against V.Ramachandran case, Special
Leave Petition was filed and the same is subjudiced before the Hon'ble
Supreme Court of India.
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W.P.(MD)No.15177 of 2019
5.In view of the facts and circumstances, the judgment of the Full
Bench upholds and as of now Special Leave Petition in V.Ramachandran
case is pending before the Hon'ble Supreme Court of India. If at all any
orders are passed by the Hon'ble Supreme Court of India in the said case,
and if any benefit is granted, the petitioner is at liberty to approach the
competent authority for redressal of his grievances. However, as of now,
the judgment of the Full Bench of this Court, dated 04.12.2022, is to be
followed in all respects.
6.With the above observations, this Writ Petition is disposed of. No
costs.
06.04.2022
Index:Yes/No
Internet:Yes/No
Ns
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15177 of 2019
S.M.SUBRAMANIAM,J.
Ns
To
1. The Government of Tamil Nadu,
Represented by its Secretary to Home Department,
Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai-4.
3. The Principal,
Temporary Police Training College,
Coimbatore.
4. The Deputy Inspector General of Police,
Dindigul Range,
Dindigul.
5. The Superintendent of Police,
Theni District.
W.P.(MD)No.15177 of 2019
06.04.2022
https://www.mhc.tn.gov.in/judis
