Madras High Court
G.A.Abdulla Shariff vs The Director General Of Police on 16 September, 2022
W.P.No.28445 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.28445 of 2018
G.A.Abdulla Shariff ... Petitioner
Versus
The Director General of Police,
Director General of Police Office,
Kamarajar Salai, Chennai 600 004. ... Respondent
Petition filed under Article 226 of the Constitution of India praying to
issue Writ of Mandamus to direct the respondent to consider the
representation dated 28.08.2018 and to consider the seniority of Police Officers
with regard to providing retirement benefits.
For Petitioner : Mr.M.Madhu Prakash
For Respondent : Mr.T.Arunkumar
AGP.
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondent to consider the representation of the petitioner dated
28.08.2018 and to direct the respondent to consider the seniority of the police
officers with regard to providing retirement benefits and pass orders within a
time frame to be fixed by this Court.
https://www.mhc.tn.gov.in/judis
W.P.No.28445 of 2018
2. The petitioner joined the Police Department as Grade II Constable
on 12.08.1980. On 01.12.1999, he received promotion as Head Constable. On
16.03.2010, the petitioner was appointed as the Special Sub Inspector of
Police. On 06.06.2012, the petitioner was promoted to the post of Sub
Inspector of Police. On 22.06.2012, the petitioner received the order for
undergoing training for Sub Inspector of Police. Thereafter, on 03.01.2013, the
petitioner got promoted as Sub Inspector of Police and on 31.01.2017, the
petitioner retired from the police department. Thereafter, the petitioner has
given representation on 28.08.2018 to consider the seniority of police officers
with regard to providing retirement benefits.
3. The petitioner's grievance is that even though he had completed 37
years of service, all the officers in “C” list of Head Constables who have
completed less than 25 years of services were given preference and had been
appointed as Sub Inspectors of Police along with petitioner's batch and he was
not given preference and without considering the aspect of seniority for his
promotion as Sub Inspector of Police. According to the petitioner, the
appointment of “C” list Head Constables becoming Sub Inspectors had
affected the Special Sub Inspectors like the petitioner who had joined the
department much earlier to them from becoming Sub Inspectors of police.
https://www.mhc.tn.gov.in/judis
W.P.No.28445 of 2018
4. A counter affidavit has been filed by the respondent denying the
contentions of the petitioner and they would submit that by following the
procedure as per Rules, the promotion of “C” list head constables were made
by the respondent.
5. Learned Additional Government Pleader appearing for the
respondent relies upon a Full Bench decision of this Court dated 04.02.2022 in
W.A.No.3748 of 2016 etc., batch and in particular, he relied upon paragraph 41
of the said judgment.
6. However, learned counsel for the petitioner would submit that the
said judgment is not applicable to the case of the petitioner since the said
judgment is only prospective and not retrospective. The Full Bench judgment
was passed on 04.02.2022, whereas the petitioner retired from service as early
as in the year 2017 itself and therefore, the said submission is not applicable to
him.
7. I am not expressing any opinion on the merits of the petitioner's
claim. This Court is also not passing any positive direction in this writ petition.
No prejudice would be caused to the respondent if a direction is issued to the
https://www.mhc.tn.gov.in/judis
W.P.No.28445 of 2018
ABDUL QUDDHOSE, J
sr
respondent to consider the petitioner's representation on merits and in
accordance with law within a time frame to be fixed by this Court.
8. For the foregoing reasons, this Court directs the respondent to pass
final orders on the petitioner's representation dated 28.08.2018, requesting to
consider the seniority of Police Officers with regard to providing retirement
benefits, on merits and in accordance with law within a period of three months
from the date of receipt of a copy of this order.
With the aforesaid direction, the writ petition is disposed of . No
costs.
16.09.2022
sr
Index: Yes/No
Speaking Order/Non-Speaking Order
To
The Director General of Police,
Director General of Police Office,
Kamarajar Salai, Chennai 600 004.
W.P.No.28445 of 2018
https://www.mhc.tn.gov.in/judis
