Madras High Court
R.Balamurugan vs The Director General Of Police on 5 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Nos.11375 of 2022 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.11375, 11378, 11381, 15807, 15812 & 15963 of 2022
and W.M.P.Nos.15093, 15095, 15101, 15103, 15282 & 15283 of 2022
W.P.No.11375 of 2022 :-
R.Balamurugan ...Petitioner
-Vs -
1. The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore,
Chennai – 600 004.
2. The Superintendent of Police,
District Police Superintendent Office,
Sankari Main Road,
Nethimedu,
Salem – 636 002.
3. The Inspector General of Police,
Directorate of Inspector General Office,
Alagapuram,
Salem – 636004. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to direct the respondents herein to
revise the seniority of the petitioner on par with batchmates by fixing his
date of appointment to the post of Police Constable Grade-II as
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W.P.Nos.11375 of 2022 etc.
03.10.2013 and to grant him all consequential service and monetary
benefits within a limited fixed frame as deemed fit by this Court.
In all W.Ps.
For Petitioner : Mr.M.Ravi
For Respondents : Dr.T.Seenivasan
Special Government Pleader
COMMON ORDER
These writ petitions have been filed for direction directing
the respondent to revise the seniority of the petitioners on par with
batchmates by fixing their date of appointment to the post of Police
Constable Grade-II on 03.10.2013, 18.02.2013 and 8.10.2013
respectively.
2. The petitioner in all the writ petitions had participated in the
selection process of the appointment to the post of Grade II Police
Constable conducted by the Tamil Nadu Uniform Services Recruitment
Board in the year 2012. All the petitioners were provisionally selected for
appointment to the said post, subject to police verification and medical
examination. After police verification, they were subjected for medical
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W.P.Nos.11375 of 2022 etc.
examination before the Government Medical Board and they were
declared as Myopic Refractive Error, Myopia Astigmatism and Colour
Blind etc., and therefore their eyes unfit. Therefore, they were declared as
not selected. However, the petitioners had examined themselves in the
private medical hospital and it was affirmed that there is no such defect
as pointed out by the Government Medical Board.
3. Therefore, the petitioners had sent representation to the
authorities to subject themselves for proper medical examination.
Considering the said representation they were once again subjected for
medical examination on 10.09.2013 at Government Eye Hospital,
Egmore, Chennai, before the Special Medical Committee. They found
that both eyes of all the petitioners are fit and declared that Right Eye
Myopic Astigmatism – Eye fit. As recommended by the medical
committee, they were selected to the post of Police Constable Grade-II
and issued appointment letters. Therefore, they sought for revision of
their seniority on par with their batchmates with consequential benefits
and monetary benefits.
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W.P.Nos.11375 of 2022 etc.
4. The respondents filed counter and the learned Special
Government Pleader appearing for the respondents submitted that as per
circular memo dated 11.10.2021 issued by the Director General of Police,
Tamil Nadu, viz., the first respondent herein that, based on the Rule
40(6) of the Tamil Nadu Government Servants (Conditions of Service)
Act, 2016, the person who claims seniority should have been submitted
representation requesting seniority within three years from the date of his
appointment and if not submitted within the period, he shall be informed
accordingly. In the case on hand, the petitioners requested revision of
their seniority after five years from the date of their appointment.
Therefore, they are not entitled to seek any revision of seniority.
5. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
6. It is relevant to relay upon the judgment passed by this Court
in W.P.(MD).No.25132 of 2018 dated 03.01.2019 in the case of
N.Karuppasamy Vs. the Director General of Police and anr in which,
this Court referred the proceedings of the Director General of Police,
Tamil Nadu, dated 11.11.2016, while considering the similar case, he
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W.P.Nos.11375 of 2022 etc.
directed the Superintendent of Police, Thoothukudi to fix seniority of one
person, who involved in a criminal case as per Rule 24(d) of TNSPSS
Rules. In the said order, the Director General of Police has referred the
judgment of the Hon'ble Supreme Court in the case of State of Haryana
and ors Vs. Dinesh Kumar, in which the Hon'ble Supreme Court of India
directed the concerned respondents to take steps to issue appointment
letter to the appellants in the said appeals subject to fulfilment of other
conditions by them. Further held that they will be deemed to have been
appointed with effect from the date, persons lower in merit to them were
appointed. However, they will be entitled to the notional benefits of such
continuous appointment, they will be entitled to salary only from the date
of that judgment on the basis of such notional benefits. Accordingly this
Court directed the respondents to fix the seniority of the petitioner with
effect from the date on which the other candidates selected in the same
batch were appointed.
7. In the case on hand, the petitioners were not selected only on
the ground that in the medical examination they were declared as Myopic
Refractive error, Myopia Astigmatism and Colour Blind etc., and their
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W.P.Nos.11375 of 2022 etc.
eyes unfit. Subsequently, the Special Medical Committee of the
Government Eye Hospital, Chennai, declared that their eyes are fit to the
post of Police Constable. Considering the said medical report, they were
selected and appointed to the post of Police Constable Grade-II.
Therefore, no fault was committed by the petitioners and only on the fault
committed by the Government Medical Board, the petitioners were not
selected and appointed to the post of Police Constable Grade-II. That
apart, in the circular memo dated 11.11.2016 issued by the Director
General of Police, Tamil Nadu, the seniority should be fixed as per Rule
24(d) of the TNSPSS Rules.
8. Though the person who claims seniority revision should
have submitted representation within period of three years from their
appointment, in the case on hand, the petitioners were repeatedly
submitted their representations when ever their batchmates were
promoted to the higher post. However, their representations were not
considered and as such it cannot be said that they have failed to claim
their seniority within the period of three years from the date of their
appointment.
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W.P.Nos.11375 of 2022 etc.
9. In view of the above discussions, the respondents are
directed to revise the petitioners' seniority on par with batchmates by
fixing their date of appointment to the post of Police Constable Grade-II
on 03.10.2013, 18.02.2013 and 8.10.2013 respectively, with all
consequential service benefits, except salary for the said period, within a
period of twelve weeks from the date of receipt of a copy of this Order.
10. With the above directions, all the Writ Petitions stand
allowed. Consequently, connected miscellaneous petitions are closed.
There shall be no orders as to costs.
05.01.2024
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.Nos.11375 of 2022 etc.
G.K.ILANTHIRAIYAN. J,
rts
To
1. The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore,
Chennai – 600 004.
2. The Superintendent of Police,
District Police Superintendent Office,
Sankari Main Road,
Nethimedu,
Salem – 636 002.
3. The Inspector General of Police,
Directorate of Inspector General Office,
Alagapuram,
Salem – 636004.
W.P.Nos.11375, 11378, 11381,
15807, 15812 & 15963 of 2022
and W.M.P.Nos.15093, 15095, 15101,
15103, 15282 & 15283 of 2022
05.01.2024
https://www.mhc.tn.gov.in/judis
