Madras High Court
K.Perumalsamy vs The Secretary To Government on 6 April, 2022
W.P.(MD)No.13075 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.13075 of 2019
K.Perumalsamy ... Petitioner
Vs.
1. The Secretary to Government,
Home Department,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai-600 004.
3. The Commissioner of Police,
Tiruchirappalli City,
Tiruchirappalli. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records of the
impugned order passed by the 2nd respondent in G.O.(3D) No.33, Home
1/6
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W.P.(MD)No.13075 of 2019
(Police VI) Department dated 26.04.2018 and to quash the same and
consequently directing the 1st respondent to consider and pass orders on
the basis of the petitioner's representation dated 21.02.2017 for notional
promotion and retirement benefits in the light of G.O.Ms.No.844 Home
(Police V) Department, dated 03.06.1997 and G.O.Ms.No.15 Home
(Police V) Department, dated 07.01.2010.
For Petitioner : Mr.MA.Karunanithi
For Respondents : Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
The relief sought for in this writ petition is to quash the impugned
order passed by the second respondent in G.O.(3D) No.33, Home (Police
VI) Department, dated 26.04.2018 and consequently to direct the first
respondent to consider and pass orders on the basis of the petitioner's
representation, dated 21.02.2017 for notional promotion and retirement
benefits, in the light of G.O.Ms.No.844 Home (Police V) Department,
dated 03.06.1997 and G.O.Ms.No.15 Home (Police V) Department, dated
07.01.2010.
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W.P.(MD)No.13075 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 Special Government Pleader 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
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W.P.(MD)No.13075 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.13075 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 authorities 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
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W.P.(MD)No.13075 of 2019
S.M.SUBRAMANIAM,J.
Ns
To
1. The Secretary to Government,
Home Department,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai-600 004.
3. The Commissioner of Police,
Tiruchirappalli City,
Tiruchirappalli.
W.P.(MD)No.13075 of 2019
06.04.2022
https://www.mhc.tn.gov.in/judis
