Madras High Court
S.V.P.Ranga Rao vs The Union Of India on 10 July, 2023
W.P.No.28826 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM :
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.28826 of 2016
and W.M.P.No.24891 of 2016
S.V.P.Ranga Rao .. Petitioner
Versus
1. The Union of India,
Rep. by its Secretary to Government,
Ministry of Home Affairs,
New Delhi.
2. The Director General,
Central Industrial Security Force,
CGO Complex,
Lodhi Road,
New Delhi - 110 003.
3. The Inspector General,
Central Industrial Security Force,
South Sector, Head Quarters,
Chennai Port Trust Complex,
Chennai - 600 009.
4. The Deputy Inspector General,
Central Industrial Security Force,
South Zone,
Besant Nagar,
Chennai - 600 090.
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W.P.No.28826 of 2016
5. The Deputy Commandant,
Central Industrial Security Force Unit,
Vallur,
Thiruvallur District.
6. The Assistant Commandant,
Office of the Deputy Commandant,
Central Industrial Security Force Unit,
Vallur,
Thiruvallur District. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
pleased to issue a Writ of Certiorarified Mandamus to call the records
relating to the order passed by the 5th respondent, dated 16.04.2016 in his
order No.E-27099/CISF/VTPP(V)/Fixation/MACP/Document/2016-930
and the impugned order issued by the 6th respondent in his office
memorandum No.F-20014/CISF/VTPP-V/AACTS/RECOVERY/2016-
2351, dated 01.08.2016 and quash the same and to direct the respondents to
fix pay scale prior to 1992 and pay all benefits.
For Petitioner : Mr.A.S.Mujibur Rahman
For Respondents : Mr.V.Chandra Sekaran,
Senior Panel Counsel
ORDER
The Writ Petition has been filed in the nature of Certiorarified
Mandamus calling for the records of the fifth respondent, dated 16.04.2016
in order No.E-27099/CISF/VTPP(V)/Fixation/MACP/Document/2016-930
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W.P.No.28826 of 2016
and the further impugned order issued by the sixth respondent in office
memorandum No.F-20014/CISF/VTPP-V/AACTS/RECOVERY/2016-
2351, dated 01.08.2016 and quash the same.
2. I am at a loss to understand how the Writ Petition came to be filed
before this Court. As a matter of fact, even before proceeding further, my
attention is drawn to an order of a learned Single Judge, dated 22.08.2022 in
W.P.No.4479 of 2015 filed by the petitioner herein, wherein, he had sought
permission to be recognised as Assistant Sub-Inspector Fire (ASI Fire) with
effect from 29.10.2013 and had questioned orders which did not grant such
promotion. Even when that Writ Petition was dismissed by the order, dated
22.08.2022, the learned Single Judge had taken note of the fact that the
petitioner had earlier filed W.P.No.271 of 2004 before the High Court of
Andhra Pradesh which was allowed and thereafter, the respondents had filed
W.A.No.1143 of 2011 before a Division Bench of the High Court of Andhra
Pradesh which was pending and interim stay of the order in the Writ Petition
was granted by Division Bench by the order dated 13.12.2011.
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W.P.No.28826 of 2016
3. Taking note of that particular fact, since the Writ Appeal was
pending and all issues relating to service of the petitioner will have to be
adjudicated only in that particular Writ Appeal, the learned Single Judge
had observed as follows :-
"14.Under these circumstances, this Court
is of the considered opinion that the petitioner
has not established any acceptable reason for
considering his prayer to grant retrospective
promotion. As far as the judgment of the High
Court of Andhra Pradesh is concerned, the
Department preferred a writ appeal which is
pending. While so, it may not be proper on the
part of the petitioner to file yet another writ
petition before the Madras High Court claiming
the same relief. This being the factum, the writ
petition deserves no further consideration.
15.Accordingly, the writ petition stands
dismissed. However, there shall be no order as
to costs."
4. Even after coming to know of the opinion of the Court that every
issue should be adjudicated only before the Writ Appellate Court, this Writ
Petition is still being pressed by the learned Counsel for the petitioner
herein.
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W.P.No.28826 of 2016
5. The present Writ Petition questions the order of recovery of pay by
the respondents. The impugned order states that an amount of Rs.44,832/-
had been paid in excess to the petitioner and by the impugned order, it had
been directed to be recovered in nine installments of Rs.4,483/- each and
one installment of Rs.4,485/-. This particular excess pay was granted
consequent to the order in aforementioned Writ Petition filed by the
petitioner before the High Court of Andhra Pradesh. The recovery was
ordered consequent to the directions given by the Appellate Court of the
High Court of Andhra Pradesh granting stay of the order in the Writ
Petition. If the petitioner had any grievance, then he should have
approached the High Court of Andhra Pradesh and should not have
instituted a separate Writ Petition before this Court.
5. This is a clear case of forum shopping. This was also so observed,
though not in exact terms, probably out of deference, by the learned Single
Judge who stated that it was not 'proper' on the part of the petitioner to file
another Writ Petition before this Court. But, I would still use the word
'forum shopping'. The petitioner cannot oscillate from one High Court to
another High Court as and how he pleases.
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W.P.No.28826 of 2016
6. The Writ Petition stands dismissed. Costs of Rs.10,000/- to be paid
by the petitioner on or before 31.07.2023 to the Tamil Nadu State Legal
Services Authority, Chennai for taking this Court for granted and for filing
this vexatious Writ Petition. The Member Secretary, Tamil Nadu State
Legal Services Authority is to inform the respondents if the costs have been
paid. If the costs are not paid, the Member Secretary must draw the
attention of the respondents to that fact and the respondents may inform the
High Court of Andhra Pradesh, where the Writ Appeal is pending about this
particular fact, that the petitioner has not paid the costs as directed by this
Court imposed for his nefarious act of oscillating between High Courts to
obtain orders. Consequently, connected miscellaneous petition is closed.
10.07.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The Member Secretary,
Tamil Nadu State Legal Services Authority,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.28826 of 2016
2. The Secretary to Government,
Ministry of Home Affairs,
New Delhi.
3. The Director General,
Central Industrial Security Force,
CGO Complex,
Lodhi Road,
New Delhi - 110 003.
4. The Inspector General,
Central Industrial Security Force,
South Sector, Head Quarters,
Chennai Port Trust Complex,
Chennai - 600 009.
5. The Deputy Inspector General,
Central Industrial Security Force,
South Zone,
Besant Nagar,
Chennai - 600 090.
6. The Deputy Commandant,
Central Industrial Security Force Unit,
Vallur,
Thiruvallur District.
7. The Assistant Commandant,
Office of the Deputy Commandant,
Central Industrial Security Force Unit,
Vallur,
Thiruvallur District.
https://www.mhc.tn.gov.in/judis
W.P.No.28826 of 2016
C.V.KARTHIKEYAN, J.
grs
W.P.No.28826 of 2016
and W.M.P.No.24891 of 2016
10.07.2023
https://www.mhc.tn.gov.in/judis
