Madras High Court
The Government Of Tamil Nadu vs M.Chandrasekaran on 24 July, 2023
Writ Appeal No.3973 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.07.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal No.3973 of 2019
and CMP.No.24891 of 2019
1. The Government of Tamil Nadu,
Rep. By its Secretary to Home Department,
Fort St.George, Chennai.
2. The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai -4.
3. The Deputy Inspector General of Police,
Salem Range, Salem District.
4. The Superintendent of Police,
O/o.The Superintendent of Police,
Namakkal District. ... Appellants/ Respondents
Vs
1.M.Chandrasekaran, SSI
2. R.Selvaraj
3. T.Murugesan ... Respondents
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Writ Appeal No.3973 of 2019
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set
aside the order of the learned Judge made in W.P.No.8622 of 2011 dated
10.04.2013.
For Appellants : Mr.K.V.Sajeev Kumar
Special Government Pleader
For Respondents : No appearance
JUDGMENT
(Judgment of the Court was delivered by Mr.R.SURESH KUMAR.,J.)
This intra-court appeal has been directed against the order passed
by the Writ Court dated 10.04.2013 made in W.P.No.8622 of 2011.
2. The three respondents herein were enlisted as Grade -II Police
Constable on 22.09.1980, further promoted as Grade - I police constable
on 16.10.1995 and further promoted as Head Constable on 24.11.1999 to
25.11.1999 respectively.
3. Therefore, as per various Government Orders, which are in
vogue on completion of 10 years of service as Head Constable they
become eligible to be promoted as Special Sub-Inspector [in short, 'SSI'],
hence, they were given promotion as SSI on 07.11.2010.
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4. Not satisfied with the same, these respondents had approached
the Writ Court and filed the said writ petition stating that since they have
completed totally 25 years of service from their enlistment, based on
which alone by applying the deemed promotion they should have been
given promotion as SSI well in advance i.e., prior to 07.11.2010. This
plea raised by them was accepted and allowed by the learned Judge
through the impugned order dated 10.01.2013.
5. Whether the respondents are entitled to get such a promotion by
applying the theory of deemed promotion is no more res-integra in view
of the two Division Bench Judgments conflicting with each other having
been resolved by a Full Bench Judgment of this Court and in this context,
a similar order passed by the another learned Judge of the Writ Court
having been considered a batch of writ appeals filed by the Government
were allowed. Following the same, today we have allowed two writ
appeals in W.A.Nos.1705 of 2019 & 1746 of 2018, where we have
passed the following order:
“ 9. Since there has been two divergent views taken
by two different Division Benches of this Court, the issue
had been referred to a Full Bench for an authoritative
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Writ Appeal No.3973 of 2019
pronouncement in W.A.Nos.3748 of 2019 & etc., batch in
the matter of State of Tamil Nadu Vs. C.Srinivasan, where
a Full Bench of this Court by order dated 04.02.2022 has
held by declaring the law to the following effect:
“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 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
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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”.
10. Therefore, what has been held in V.Samy's case
has been held to be not the correct law by the Full Bench in
their judgment as stated supra. Therefore, following
V.Samy's case directions were given and the writ petitions
were allowed by the learned Judge, which are impugned
herein, hence, these writ appeals are deserve to be allowed
in view of the Full Bench judgement.
11. It is to be noted that, similar writ appeals in
many numbers came up for consideration before another
Co-ordinate Bench in W.A.No.3748 of 2019 & etc., batch
in the matter of State of Tamil Nadu Vs. C.Srinivasan
dated 15.03.2022, where this Court allowed all those
appeals filed by the State in the following terms:
“6.In view of the above submissions and
taking into consideration the ratio laid down
by the Larger Bench of this Court, these Writ
Appeals are hereby set aside and the
respective orders of the learned Single Judges
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Writ Appeal No.3973 of 2019
are hereby set aside. No costs. Consequently,
connected Miscellaneous Petitions are closed.”
12. In view of the same, we feel that these
appeals are also entitled to succeed and accordingly, these
appeals are allowed. No costs. Connected miscellaneous
petitions are closed. “
In view of the above, this appeal is also entitled to succeed, hence
this appeal is allowed. No costs. Connected miscellaneous petition is
closed.
(R.S.K.,J.) (K.B., J.)
24.07.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
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R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
Writ Appeal No.3973 of 2019
24.07.2023
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