Madras High Court
P.K.Kannan vs )The State Of Tamil Nadu on 3 July, 2025
2025:MHC:1529
W.P.(MD) No.18480 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 27.06.2025
Pronounced On : 03.07.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.18480 of 2016
and
W.M.P. (MD) Nos.13319 and 13320 of 2016 and 18104 of 2023
P.K.Kannan,
Son of Kunjuraman
Plot No.3, Meekashi Sadan,
Arul Nagar,Elisinagar Post Office,
Madurai. ...Petitioner
Vs.
1)The State of Tamil Nadu,
Rep.by its Secretary to Government,
Home Department,
Secretariat, Chennai.
2)The Director General of Police,
O/o. the Director General of Police,
Mylapore, Chennai.
3)The Inspector General of Police,
Intelligence,
O/o. the Director General of Police,
Chennai - 4.
4)The Superintendent of, Police,
Special Branch CID,
Mylapore, Chennai - 4.
5)The Commissioner of Police,
Madurai City, Madurai. ... Respondents
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W.P.(MD) No.18480 of 2016
PRAYER in W.P.:
To issue a writ of certiorarified mandamus or any other appropriate
writ or order or direction in the nature of writ calling for the records
relating to the impugned proceedings K.D.is No.PBA II (l)/56506/2013
dated 07.04.2014 passed by the 2nd respondent and the consequential
order passed by the 2nd respondent vide his impugned proceedings
Na.Ka.No.l29315/U.T.P.2(l)/ 2015 dated 04.08.2015 and quash the same
as illegal and consequently to direct the respondents to revise the Special
Pay at the rate 50% in terms of G.O.Ms.No.238 Finance (Pay Cell)
Department dated 22.07.2013 and consequentially revise my pensionery
benefits and pay the arrears thereof within the period that may be
stipulated by this Hon’bie Court and pass such further order or others
may deem fit and proper in the circumstances of the case thus render
justice.
PRAYER IN W.M.P.(MD) No.13319 of 2016:
To dispense with the production of the impugned proceedings
K.D.is No.PBA II(l)/56506/2013 dated 07.04.2014 passed by the 2nd
respondent and the consequential order passed by the 2nd respondent
vide his impugned proceedings Na.Ka.No.l29315/U.T.P.2(l)/ 2015 dated
04.08.2015 for the present and thus render justice.
PRAYER IN W.M.P.(MD) No.13320 of 2016:
To grant an Ad-interim direction to direct the respondents to
revise the Special Pay at the rate 50% in terms of G.O.(Ms.)No.238
Finance (Pay Cell) Department dated 22.07.2013 pending disposal of the
above Writ Petition and thus render justice.
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W.P.(MD) No.18480 of 2016
PRAYER IN W.M.P.(MD) No.18104 of 2023:
To grant leave to the petitioners to file the counter affidavit in the
writ petition in W.P.(MD)No.18480 of 2016 and pass such further or
other orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr. Mohammed Zamil
for M/s.Ajmal Associates
For Respondents : Mr.J.Ashok,
Additional Government Pleader
for R1 to R5
JUDGMENT
Heard.
2. The Petitioner, just on the verge of retirement, made a
representation seeking payment of 50% of the special pay in terms of
G.O.(Ms.)No.238, Finance (Pay Cell) Department, dated 22.07.2013.
However, the said request was rejected by the 2nd Respondent, namely,
the Director General of Police, by proceedings dated 07.04.2014.
Subsequently, the Petitioner, through a third party, secured information
under the Right to Information Act from the 1st Respondent, wherein it
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was clarified that G.O.(Ms.) No.238 dated 22.07.2013 was a general
order and no specific directions were issued therein with respect to any
particular department. Armed with this clarification, the Petitioner once
again submitted a representation seeking the benefit.
3. The 2nd Respondent once again, by order dated 04.08.2015,
rejected the claim of the Petitioner and gave the following reasons:–
muR Miz 238> (Cjpaf;FO) Jiw> ehs; -
22.07.2013 MdJ midj;J muR Copah;fSf;Fk;
nghJthdJ vd njhptpj;Js;sgbahy;> ,J 6-tJ
Cjpaf;FOtpd; ghpe;Jiuapd;gb mspf;fg;gl;l
MizahFk;. Mdhy;> rpwg;G Fw;w Gydha;T Jiw>
rpwg;G Fw;w Gydha;T Jiw jdp gphpT> ghJfhg;G gphpT
f;A+ gphpT> Nfhh;nry; gphpT> Fw;w Gydha;T Jiw
gphpTfspy; gzpGhpAk; rpwg;G gphpT cjtpahsh; kw;Wk;
RUf;nfOj;Jg;gphptpy; gzpGhpAk; gzpahsh;fs;
gjtpfSf;F %d;whtJ fhtyh; Cjpaf;FOtpd;
ghpe;Jiuapd;gb muR Miz 667 cs; (fhty;.8) Jiw>
ehs; - 14.08.2009-d;gb mbg;gil Cjpaj;jpy; 10%
jdpCjpak; rpwg;G Neh;thf fUjp mspf;fg;gl;l
MizahFk;.
2.vdNt> muR Miz 238> (Cjpaf;FO) Jiw>
ehs; - 22.07.2013-d;gb ,tUf;F rpwg;G Cjpak; toq;f
tpjpfspy; ,lkpy;iy vd njhptpj;Jf;nfhs;sg;gLfpwJ.”
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4. In fact, the very same reasoning had already been communicated
to the Petitioner in the original impugned order dated 07.04.2014, which
reads as follows:–
“2) In G.O.Ms.No. 667, Home (Pol.8) Department,
dated 14.08.2009, Government have ordered that 10% of
the basic pay be sanctioned as special pay to the cadres
from PCs to ADSPs and Non IPS SPs serving in SBCID,
SBCID special division, Sec. Branch CID, Q Branch
CID, Core Cell CID, SB Assts. and Short Hand Bureau
staff w.e.f. 01.08.2009 in which the 10% of basic pay as
special pay is not fixed rate and it increases every year
when the basic pay increases.
3) Hence, the question of enhancement of 10%
special pay to 50% as per G.O.(Ms.)No.238, Finance
(Pay Cell) Department, dated 22.07.2013 is not feasible
of compliance and the petitioners may be given suitable
endorsements accordingly.”
5. In the counter affidavit filed by the 5th Respondent, it is also
stated as follows:–
“11. Further it is informed that, the 10% of basic pay
sanctioned is not a fixed rate and it increases every year,
whenever the basic pay increases. Special pay sanctioned in
the fixed rate & on percentage basis in the basic pay vary
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each other. Hence, the question of enhancement of 10% of
special pay by 50% as per G.O.(Ms.)No.238, Finance (Pay
Cell) Department dated 22.07.2013 is not feasible to the
applicant.”
6. On behalf of the Respondents, a copy of G.O.(Ms.)No. 304,
Finance (Pay Cell) Department, dated 13.10.2017, was also placed before
this Court. A perusal of the same would show that the distinction
between those who were drawing a fixed percentage as special pay and
those who were receiving a different form of special pay continued to be
maintained.
7. The only contention raised by the Petitioner is that the 10%
special pay granted pursuant to the recommendations of the Third Police
Pay Commission would automatically fall within the ambit of the general
government order in G.O.(Ms.)No.238, Finance (Pay Cell) Department,
dated 22.07.2013, and therefore he is entitled to have 50% of the same
fixed as special pay. Such a contention is wholly untenable and cannot be
accepted. The Petitioner cannot seek to derive benefit by selectively
invoking two different government orders which operate in entirely
distinct spheres. In the present case, the 2nd Respondent, who is the Head
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of the Department, has clearly clarified the position. In the absence of
any specific or special order extending the benefit of G.O.(Ms.)No.238 to
the Petitioner’s case, this Court finds that the writ petition is
misconceived and is liable to be dismissed. Accordingly, the Writ
Petition will stand dismissed. However, there shall be no order as to
costs. Consequently, connected Miscellaneous Petitions are closed.
03.07.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS
To
1.The Secretary to Government,
Home Department,
Secretariat, Chennai.
2)The Director General of Police,
O/o. the Director General of Police,
Mylapore, Chennai.
3)The Inspector General of Police,
Intelligence,
O/o. the Director General of Police,
Chennai - 4.
4)The Superintendent of, Police,
Special Branch CID,
Mylapore, Chennai - 4.
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DR. A.D. MARIA CLETE, J
LS
5)The Commissioner of Police,
Madurai City,
Madurai.
Pre-delivery Judgment made in
and
W.M.P. (MD) Nos.13319 and 13320 of 2016
03.07.2025
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