Madras High Court
K.Viswalingam vs The State Represented By on 11 October, 2022
W.P(MD)No.2520 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.2520 of 2018
and
W.M.P(MD)No.2701 of 2018
K.Viswalingam ... Petitioner
Vs
1.The State represented by
its Secretary,
Home Department,
Fort.St.George,
Secretariat,
Chennai.
2.The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai.
3.The Commissioner of Police,
Trichy City,
Trichy. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned memo bearing R.C.No.84040/NGB III(2)/2015
dated 23.03.2017 issued by the second respondent and consequential impugned
order issued by the third respondent bearing Na.Ka.No.A1/22895/2017 dated
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1/6
W.P(MD)No.2520 of 2018
05.10.2017 and quash the same and direct the respondents to upgrade the
Petitioner notionally as Special Sub-Inspector of Police with effect from
01.01.2010 with all consequential benefits including revision of pensionary
benefits.
For Petitioner : Mr.R.Thirumalai Murugan
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
ORDER
Heard the learned counsel on either side.
2. The case of the petitioner is that he should have been made as
Special Sub Inspector of Police on completion of 25 years of service after
entry into the Department. This issue had already been held against the
writ petitioner by the Hon'ble Full Bench in the decision reported in
2022-1-L.W.984 (The State of Tamil Nadu & Others Vs C.Srinivasan).
Paragraph 42 of the decision of the Hon'ble Full Bench is 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
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W.P(MD)No.2520 of 2018
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 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”.
3. The learned counsel appearing for the petitioner points out that the
decision rendered in V.Ramachandran’s case is the subject matter of SLP
No.6980-6996/2018. The Hon'ble Apex Court is now seized of the matter.
4. Be that as it may, as on date the decision of the Hon'ble Full
Bench is holding the field. Respectfully following the said decision,
I dismiss the writ petition. I make it clear that in the event of SLP in
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W.P(MD)No.2520 of 2018
V.Ramachandran's case being allowed and if any benefit is granted, the
petitioner is at liberty to approach the competent authority for redressal of
his grievance. The competent Authority is obliged to apply the decision
and extend the benefit if such occasion arises. It is needless to mention
that the competent authority will extend such benefit only if the
petitioner's case also falls within its scope and limits. This writ petition is
dismissed with the aforesaid liberty and direction. Consequently,
connected miscellaneous petition is closed. No costs.
11.10.2022
Index : Yes / No
Internet : Yes/ No
mga
To
1.The Secretary,
Home Department,
Fort.St.George,
Secretariat,
Chennai.
2.The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.2520 of 2018
3.The Commissioner of Police,
Trichy City,
Trichy.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.2520 of 2018
G.R.SWAMINATHAN, J.
mga
W.P.(MD)No.2520 of 2018
11.10.2022
https://www.mhc.tn.gov.in/judis
