Madras High Court
V.Baskaran vs / on 9 August, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.14705 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.14705 of 2021
V.Baskaran ... Petitioner
/Vs./
1.The Government of Tamilnadu,
Rep.by its Secretary to Home Department,
Fort St.GEorge,
Chennai – 600 009.
2.The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai – 600 004.
3.The Commissioner of Police,
Madurai City. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the 2nd and 3rd Respondents to revise
and regularize the service seniority and give notional promotion and
revise the pension with monetary benefits equal to the post of Inspector
of Police Rank from the date of retirement to the Petitioner on the basis
of the implementation order passed to one D.Thangapandiyan SSI,
1/6
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W.P.(MD)No.14705 of 2021
S.Michel Antony SSI, R.Paul Durai SSI and their proceedings
C.No.A1/12265/2013, R.O.O.No.141/2015 dated 27.03.2015 and on the
basis of the Petitioner's representation dated 17.06.2021.
For Petitioner : Mr.R.Rajaram
For Respondents : Mr.G.Suriya Ananth
Additional Government Pleader
ORDER
This writ petition has been filed by the petitioner association for a
writ of mandamus, seeking for a direction to the second and third
respondents to revise and regularize the service seniority and give
notional promotion and revise the pension with monetary benefits equal
to the post of Inspector of Police Rank from the date of retirement to the
Petitioner, on the basis of the implementation order passed to one
D.Thangapandiyan SSI, S.Michel Antony SSI, R.Paul Durai SSI and their
proceedings C.No.A1/12265/2013, R.O.O.No.141/2015 dated
27.03.2015, based on the petitioner's representation dated 17.06.2021.
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2. Heard Mr.R.Rajaram, learned counsel appearing for the
petitioner and Mr.G.Suriya Ananth, learned Additional Government
Pleader appearing for the respondents.
3. It is brought to the notice of this Court that similarly placed
persons as that of the petitioner had filed writ petitions in WP(MD)No.
17111 of 2019 and WP(MD)Nos.18762 & 18763 of 2016 before this
Court seeking for the very same relief as sought for by the petitioner in
this writ petition. In all those cases, since a Special Leave Petition (SLP)
pertaining to the very same issue is pending before the Hon'ble Supreme
Court, the learned Single Judges of this Court, while disposing of all the
writ petitions filed by similarly placed persons, held that in the near
future pursuant to the disposal of the Special Leave Petition (SLP) now
pending before the Hon'ble Supreme Court, if any benefit is granted,
thereafter, the petitioner is granted liberty to claim the same based on the
judgment passed by the Hon'ble Supreme Court in the Special Leave
Petition (SLP). A similar direction can be passed in favour of this
petitioner also, as he also falls under the same category of the petitioners
in WP(MD)No.17111 of 2019 and WP(MD)Nos.18762 & 18763 of 2016.
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4. No prejudice would be caused to the respondents, if a similar
direction is also issued in favour of the petitioner in this writ petition.
Accordingly, this writ petition is disposed of by granting liberty to the
petitioner to seek the relief or any other relief, which he is entitled,
subsequent to the disposal of the Special Leave Petition (SLP) now
pending before the Hon'ble Supreme Court, provided he has been granted
such benefit in the decision of the Hon'ble Supreme Court to be rendered
in the said Special Leave Petition (SLP). No costs.
09.08.2024
Index : Yes / No (1/2)
NCC : Yes / No
sm
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TO:-
1.The Secretary to Home Department,
Fort St.GEorge,
Chennai – 600 009.
2.The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai – 600 004.
3.The Commissioner of Police,
Madurai City.
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ABDUL QUDDHOSE, J.
Sm
Order made in
(1/2)
Dated:
09.08.2024
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