Madras High Court
J.Rajkumar vs The State Of Tamil Nadu on 19 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.313 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
.THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.313 of 2025
J.Rajkumar ... Appellant
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
(Home III Police) Department,
Secretariat, Chennai - 600 005.
2.The Director General of Police,
Tamil Nadu Uniform Services Recruit Board,
P.T.Lee Chengalvarayar Nayakar Trust,
2nd Floor No.807, Mount Road,
Chennai - 600 002.
3.The Director General of Police,
(Head of Police Force),
Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 29.04.2024 made in W.P.No.18911 of 2021.
For Appellant : Mr.P.Chandrasekar
For Respondents : Mr.K.H.Ravi Kumar, Government Advocate
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Page No.: 1 of 6
W.A.No.313 of 2025
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JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The appellant was favoured with an order appointing him as Grade-II
Police Constable on compassionate grounds on 01.07.2002. The father of the
petitioner, who was working as Grade-I Police Constable died while in service
in the year 1996. The appellant's mother made an application seeking
compassionate appointment on 30.12.1996 disclosing the educational
qualification of the appellant as +2, since he was pursuing his graduation
during the relevant period.
2. On receipt of the application, the respondents placed the appellant in
the waiting list for the post of Junior Assistant. Since there were not many
vacancies in the post of Junior Assistant in order to expedite the compassionate
appointment, the appellant was directed to appear for special selection of
Grade-II Police Constable to be held on 29.02.2000. Pursuant to the said
selection, the appellant was appointed as aforesaid. The appellant also
accepted the offer and joined the Department as a Grade-II Police Constable.
3. However, he woke up after about 11 years and filed a Writ Petition in
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the year 2012 seeking appointment as Sub-Inspector contending that he was
qualified to be appointed as Sub-Inspector, even on the date of his appointment
as Grade-II Police Constable. Since this Court issued a Mandamus directing
the Authorities to consider his request, the Authorities considered his request
and by the order impugned in the Writ Petition dated 05.05.2021 rejected the
same.
4. The writ Court dismissed the Writ Petition on the ground that the
appellant having applied for appointment under the compassionate grounds in
the year 1996, when he possessed the qualification for appointment as Junior
Assistant or Grade-II Police Constable, cannot now turn around on the basis of
acquisition of a further qualification and seek appointment as Sub-Inspector.
The Court also found that the appellant is guilty of delay and latches, in as
much as, he had chosen to approach the Court only in the year 2013 seeking
Mandamus.
5. Mr.P.Chandrasekar, learned counsel appearing for the appellant would
however contend that once he had acquired the qualification for being
appointed as Sub-Inspector in the year 2000, he should have been considered
for appointment as Sub-Inspector, even at the time of his initial appointment.
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6. We are unable to countenance the said submission of the learned
counsel of appellant. Much water has flown under the bridge. Admittedly, the
appellant had qualification for being appointed as a Grade-II Police Constable
on the date of his application in the year 1996, but, before the appointment
could fructify, he had obtained a bachelors degree, which is a qualification for
being appointed as Sub-Inspector. It is not the case of the appellant that he
brought this fact to the notice of the Department and sought for appointment as
Sub-Inspector when the post of Grade-II Police Constable was offered to him in
the year 2000. He accepted it, and he moved this Court after 11 years only in
the year 2013 seeking aMandamus. We are therefore unable to fault the writ
Court for having rejected the claim of the appellant.
7. Hence, the Writ Appeal is dismissed. No costs.
8. The learned counsel for the appellant would point out that because of
the fact that the appellant had filed these Writ Petitions, he has not been
considered for promotion, which he would be otherwise entitled to. We make it
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clear that if the appellant is entitled to any other promotion as per the existing
Rules. The Department will not hold the filing of the Writ Petitions against
him and the appellant will be favoured with promotions, which he is entitled to
as per the Rules that are in force.
(R.S.M.,J.) (G.A.M.,J.)
19.02.2025
dsa
Index : No
Neutral Citation : No
Speaking order
To
1.The Secretary to Government,
State of Tamil Nadu,
(Home III Police) Department,
Secretariat, Chennai - 600 005.
2.The Director General of Police,
Tamil Nadu Uniform Services Recruit Board,
P.T.Lee Chengalvarayar Nayakar Trust,
2nd Floor No.807, Mount Road,
Chennai - 600 002.
3.The Director General of Police,
(Head of Police Force),
Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004.
https://www.mhc.tn.gov.in/judis
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
19.02.2025
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