Madras High Court
The State Of Tamil Nadu vs S.Devadoss on 2 July, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.Nos.4006 of 2019 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
W.A.Nos.4006, 4034, 4040, 4046, 4037 & 4023 of 2019
and
CMP.Nos.25325, 25121, 25219, 25221, 25296, 25297, 25322, 25333,
25336, 25371 & 25372 of 2019
WA.No.4006 of 2019
1. The State of Tamil Nadu
represented by its
Secretary to Government,
Home Department, Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai-600 004.
3. The Superintendent of Police,
District Police Office, Cuddalore District.
... Appellants
Vs.
S.Devadoss
... Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set
aside the order dated 22.09.2014 made in W.P.No.25714 of 2014.
1/7
W.A.Nos.4006 of 2019 etc batch
2/7
W.A.Nos.4006 of 2019 etc batch
For Appellants : Mr.T.Chandrasekaran
Special Government Pleader
*****
COMMON JUDGMENT
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]
These Writ Appeals have been preferred by the Government against
various judgments, granting upgradation as Special Sub Inspector of Police
on completion of 25 years of service, irrespective of the period of service in
the light of the judgment of this Court in the case of The Government of
Tamil Nadu, Rep. by Home Secretary vs. V.Samy and others [W.A.(MD)
Nos.1506 of 2011, etc., batch] dated 17.06.2013. However, in yet another
case in The Principal Secretary to Government vs. V.Ramachandran and
others [Rev.A.Nos.79 to 79 of 2015, etc., batch] dated 22.03.2017, the
Division Bench of this Court took a contrary view to the effect that the claim
of deemed promotion cannot be accepted, by further observing that the
Bench could not ?blindfold itself by the earlier Division Bench judgment to
allow the claim of the Writ Petitioners therein?.
2. In view of the conflict judgments rendered by this Court, the First
Bench of this Court, vide judgment dated 20.12.2019, referred the issue to a
W.A.Nos.4006 of 2019 etc batch
Larger Bench to decide as to which judgment has laid down the correct law
in respect of grant of upgradation in the Police Department.
3. When these batch of Writ Appeals are taken up for hearing,
Mr.T.Chandrasekaran, learned Special Government Pleader appearing for the
Government submitted that the Larger Bench of this Court, by an order dated
04.02.2022, has already answered the questions framed by the First Bench of
this Court, 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 rist 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
W.A.Nos.4006 of 2019 etc batch
the Government Order was issued. 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 dealt with the Government orders in its
proper perspective and the judgment in V.Samy case is hereby
overruled.?”
4. By relying on the aforesaid answer to the reference,
Mr.T.Chandrasekaran, learned Special Government Pleader submitted that
the law is now well settled and the Larger Bench upheld the proposition laid
down by this Court in V.Ramachandran case (supra). She further submitted
that in terms of the answer, there is no question of deemed upgradation or
deemed promotion and the benefit can be extended only on completion of
qualifying service in each level/rank. Hence, the orders of the learned Single
Judge, granting deemed upgradation/promotion, which are the subject matter
of these Writ Appeals need interference by this Court and are liable to be set
aside.
5. Learned counsel for the Writ Petitioners fairly conceded that the
answer given by the Larger Bench will not inure to the benefit of the Writ
Petitioners and they have no case in these Writ Appeals.
W.A.Nos.4006 of 2019 etc batch
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
allowed and the respective orders of the learned Single Judges are
hereby set aside. No costs. Consequently, connected Miscellaneous
Petitions are closed.
[S.M.S., J.] [C.K., J.]
02.07.2024
kmi
Index : Yes
Speaking order : Yes
Neutral Citation : Yes/No
To
1. The Secretary to Government
State of Tamil Nadu
Home Department, Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai-600 004.
3. The Superintendent of Police,
District Police Office,
Cuddalore District.
W.A.Nos.4006 of 2019 etc batch
S.M.SUBRAMANIAM, J.
and
C.KUMARAPPAN, J.
kmi
W.A.Nos.4006, 4034, 4040, 4046,
4037 & 4023 of 2019
02.07.2024
