Madras High Court
A.Natarajan vs The State Of Tamil Nadu ... on 9 November, 2022
WP Nos.24390 to 24402 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09-11-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP Nos.24390 to 24402 of 2017
A.Natarajan .. Petitioner in WP 24390/2017
S.Shajakhan Kan .. Petitioner in WP 24391/2017
M.Thavadan .. Petitioner in WP 24392/2017
R.Annadurai .. Petitioner in WP 24393/2017
C.Ramamoorthy .. Petitioner in WP 24394/2017
R.Chinnappan .. Petitioner in WP 24395/2017
P.L.Jaikumar .. Petitioner in WP 24396/2017
P.Vijayalakshmi .. Petitioner in WP 24397/2017
N.Ramachandran .. Petitioner in WP 24398/2017
V.Velayutham .. Petitioner in WP 24399/2017
V.Saroja .. Petitioner in WP 24400/2017
K.Kalyani
legal heir of late
N.Krishnan .. Petitioner in WP 24401/2017
1/8
https://www.mhc.tn.gov.in/judis
WP Nos.24390 to 24402 of 2017
C.Devanathan .. Petitioner in WP 24402/2017
vs.
1.The State of Tamil Nadu Represented by its
Secretary to Government,
Home Department,
Fort St. George,
Chennai-9.
2.The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai-4.
3.The Superintendent of Police,
District Police Office,
Villupuram District. .. Respondents in all WPs
Writ Petitions are filed under Article 226 of the Constitution of India,
praying for the issuance of Writs of Mandamus, directing the respondents to
revise the pension and pensionary benefits correspondingly by advancing
upgradation as Grade I Police Constable/Head Constable on completion of
10/5 years and to upgrade notionally as Special Sub-Inspector of Police
from the date of completion of 25 years and further as Inspector of Police, in
the light of orders of this Court and Government Orders, by extending the
benefits given to the similarly placed persons.
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WP Nos.24390 to 24402 of 2017
For Petitioner in all WPs : Mr.V.Ravikkumar
For Respondents in all WPs : Mr.S.Rajesh,
Government Advocate.
COMMON ORDER
The relief sought for in all these writ petitions is to direct the
respondents to revise the pension and pensionary benefits correspondingly
by advancing upgradation as Grade I Police Constable/Head Constable on
completion of 10/5 years and to upgrade notionally as Special Sub-Inspector
of Police from the date of completion of 25 years and further as Inspector of
Police, in the light of orders of this Court and Government Orders, by
extending the benefits given to the similarly placed persons.
2. The petitioners were appointed as Grade-II Police Constable
on 08.02.1977, 12.04.1969, 31.12.1979, 07.07.1975, 20.01.1975,
11.04.1973, 10.11.1975, 07.04.1966, 12.05.1980, 10.02.1977, 01.12.1973,
13.08.1978 and 01.07.1977 respectively and they were upgraded as Grade-I
Police Constable in the year 1994, 1993, 1994, 1993, 1993, 1993, 1993,
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WP Nos.24390 to 24402 of 2017
1993, 1995, 1994, 1993, 1994 and 1994 respectively and further upgraded
as Head Constable during the year 1999, 1998, 1999, 1998, 1998, 1998,
1998, 1998, 2000, 1999, 1998, 1999 and 1999 respectively. The petitioners
were promoted to the post of Special Sub Inspector of Police in the year
2010 and thereafter, retired from service on 30.06.2014, 28.02.2006,
30.09.2014, 30.06.2012, 30.04.2007, 30.06.2010, 31.10.2012, 01.02.2002,
31.12.2014, 28.02.2010, 27.01.2009, 17.10.2010 and 31.03.2014
respectively on attaining the age of superannuation.
3. The grievance of the petitioners was that they were not
granted promotion on completion 10 years and 5 years respectively to the
post of Grade-I Police Constable and Head Constable. The issue in this
regard and the rights of the employees for such upgradations were
considered and decided by the Full Bench of this Court in batch of cases in
W.A.No.3748 of 2019 etc., and the judgment was delivered on 04.02.2022.
The relevant portion of the judgment of the Full Bench reads as under:-
42. In view of the above discussion, we proceed to
answer the second question that has been referred to this Full
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WP Nos.24390 to 24402 of 2017
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
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
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WP Nos.24390 to 24402 of 2017
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. In view of the judgment of the Full Bench cited supra, the
cases of the writ petitioners deserve no further consideration and
accordingly, all the writ petitions stand dismissed. However, there shall be
no order as to costs.
09-11-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
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WP Nos.24390 to 24402 of 2017
1.The Secretary to Government
State of Tamil Nadu,
Home Department,
Fort St. George,
Chennai-9.
2.The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai-4.
3.The Superintendent of Police,
District Police Office,
Villupuram District.
S.M.SUBRAMANIAM, J.
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WP Nos.24390 to 24402 of 2017
Svn
WPs 24390 to 24402 of 2017
09-11-2022
https://www.mhc.tn.gov.in/judis
