Madras High Court
P.Kesavan vs The Secretary To Government on 30 November, 2022
WP No.21253 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30-11-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.21253 of 2019
P.Kesavan .. Petitioner
vs.
1.The Secretary to Government,
Home (Police V) Department,
Fort St. George,
Chennai-600 009.
2.The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
3.The Joint Commissioner of Police,
West Zone,
Ambattur Industrial Estate,
Chennai-600 003. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
1/6
https://www.mhc.tn.gov.in/judis
WP No.21253 of 2019
praying for the issuance of a Writ of Mandamus, directing the respondents
to consider the petitioner's representation dated 14.01.2019 by taking into
account of his entire service for up-gradation of Special Sub-Inspector of
Police notionally after completion of 25 years of service in the light of the
G.O.Ms.No.13, Home (Police V) Department, dated 06.01.2010 and
G.O.Ms.No.15, Home (Police V) Department, dated 07.01.2010 and grant
him all service and monetary benefits.
For Petitioner : Mr.M.Vignesh Raj for
Mr.M.Muthappan.
For Respondents : Mr.S.Rajesh,
Government Advocate.
ORDER
The relief sought for in the present writ petition is to direct the
the respondents to consider the petitioner's representation dated 14.01.2019
by taking into account of his entire service for up-gradation of Special Sub-
Inspector of Police notionally after completion of 25 years of service in the
light of the G.O.Ms.No.13, Home (Police V) Department, dated 06.01.2010
and G.O.Ms.No.15, Home (Police V) Department, dated 07.01.2010 and
grant him all service and monetary benefits.
https://www.mhc.tn.gov.in/judis
WP No.21253 of 2019
2. The petitioner was appointed as Grade-II Police Constable on
03.09.1980 and he was upgraded as Grade-I Police Constable in the year
1994 and further upgraded as Head Constable during the year 1999. He was
promoted to the post of Special Sub-Inspector of Police in the year 2010 and
thereafter, retired from service on 30.04.2016 on attaining the age of
superannuation.
3. The grievance of the petitioner was that he was 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 Bench hereunder;
https://www.mhc.tn.gov.in/judis
WP No.21253 of 2019
?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
https://www.mhc.tn.gov.in/judis
WP No.21253 of 2019
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. In view of the judgment of the Full Bench, cited supra, the
case of the writ petitioner deserves no further consideration.
5. Accordingly, the writ petition stands dismissed. However,
there shall be no order as to costs.
30-11-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
1.The Secretary to Government,
Home (Police V) Department,
Fort St. George,
Chennai-600 009.
https://www.mhc.tn.gov.in/judis
WP No.21253 of 2019
S.M.SUBRAMANIAM, J.
Svn
2.The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
3.The Joint Commissioner of Police,
West Zone,
Ambattur Industrial Estate,
Chennai-600 003.
WP 21253 of 2019
30-11-2022
https://www.mhc.tn.gov.in/judis
