Madras High Court
3 The Commissioner Of Police vs S.Vivekananthan on 3 April, 2023
W.A.No.3470 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2023
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.A.No.3470 of 2019
and
WM.P.Nos.5460 of 2016 and 22198 &22197 of 2019
1 The Government of Tamil Nadu
Rep. by its Secretary to Government,
Home Department,
Fort St. George, Chennai-9.
2 The Director General of Police,
Kamarajar Salai, Mylapore, Chennai-9.
3 The Commissioner of Police,
Coimbatore City,
Coimbatore. ... Appellants
Vs.
S.Vivekananthan ... Respondent
Writ Appeal filed under Section 15 of Letters Patent to set aside
the order passed in W.P.No. 12013 of 2012 dated 31.10.2014 on the
file of this Court.
For Appellant : Mr.S.Manoharan, A.G.P.
For Respondents : No appearance
*****
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W.A.No.3470 of 2019
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR, J.)
The challenge in the Writ appeal is against the order passed by
the Writ Court directing the respondents to give notional promotion to
the petitioner and thereafter fix the revised pay and further directed to
grant the retiral benefits and the pensionary benefits.
2. This Court in similar matter in W.A.No.1509 of 2015 (The
State of Tamil, Rep. by its Secretary to Government, Home
Department, Fort St. George, Chennai-9. Vs. K.Mohan) by relying
upon the order of the Full Bench judgment of this Court in The State
of Tamil Nadu Rep. by its Secretary to Government, Home
Department, Fort St.George, Chennai 600 009 and 2 others vs.
C.Srinivasan [W.A.No.3748 of 2019, etc. Batch of cases, dated
4.2.202, held that 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. The relevant portion of the judgment is extracted below;
https://www.mhc.tn.gov.in/judis
W.A.No.3470 of 2019
“2. The learned Additional Government Pleader appearing
for the appellants relied on the Full Bench judgment of
this Court in The State of Tamil Nadu Rep. by its
Secretary to Government, Home Department, Fort
St.George, Chennai 600 009 and 2 others vs.
C.Srinivasan [W.A.No.3748 of 2019, etc. Batch of
cases, dated 4.2.202, wherein the Honourable Full
Bench answered to the question that has been referred to
the Full Bench which reads as follows:
“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.
https://www.mhc.tn.gov.in/judis
W.A.No.3470 of 2019
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. In the light of Full Bench judgment answering to the
question that has been referred to the Full Bench, wherein
it is held that 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. In the instant appeal,
the respondent/writ petitioner had not produced any
materials to show that the petitioner had completed the
minimum qualifying service at the time of promotion and
therefore, the decision of the Full Bench cited supra, is
squarely covered by the facts of the present appeal also.
4. Such view of the matter, order passed by the learned
Single Judge in W.P.No.24111 of 2014 dated 5.09.2014 is
set aside. Consequently, the Writ appeal stands allowed.
No cost. Connected miscellaneous petition is closed.”
https://www.mhc.tn.gov.in/judis
W.A.No.3470 of 2019
3. In light of the aforesaid decision of this Court, the order of this
learned Single Judge in W.P.No. 12013 of 2012 dated 31.10.2014 is
set aside. Consequently, the Writ appeal stands allowed. No cost.
Connected miscellaneous petitions are closed.
(D.K.K.J. ) (K.G.T.J.)
03.04.2023
Speaking/Non Speaking order
Index: Yes
ak
To
1 The Secretary to Government,
Home Department,
Fort St. George, Chennai-9.
2 The Director General of Police,
Kamarajar Salai, Mylapore, Chennai-9.
3 The Commissioner of Police,
Coimbatore City,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.A.No.3470 of 2019
D.KRISHNAKUMAR, J.
AND
K.GOVINDARAJAN THILAKAVADI, J.
ak
W.A.No.3470 of 2019
and
WMP.No.5460 of 2016
and 22198 &22197 of 2019
03.04.2023
https://www.mhc.tn.gov.in/judis
