Madras High Court
The Government Of Tamil Nadu vs S.Manimuthu on 4 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A(MD)No.1125 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A(MD)No.1125 of 2015
and
M.P(MD)No.2 of 2015
1.The Government of Tamil Nadu,
Represented by its Home Secretary,
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,
Madurai. ... Appellants/Respondents
vs.
S.Manimuthu ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 26.11.2013 made in W.P(MD)No.10855 of 2012.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
W.A(MD)No.1125 of 2015
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.A.Rajaram
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The respondent/S.Manimuthu has instituted writ proceedings
seeking a direction to the appellants 1 to 3 to revise and regularize the service
seniority and to grant monetary benefits on the basis of his representation dated
26.11.2021.
2.The facts, in a nutshell, as stated in the affidavit filed by the
respondent, reveals that he is a retired Head Constable. He was appointed as
Grade – II Police Constable on 20.07.1963 and was promoted as Grade – I Police
Constable in the year 1985. He was further promoted as Head Constable in the
year 1990. Admittedly, the respondent retired from service on 31.12.2000 on
attaining the age of superannuation.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
3.The respondent mainly contended that there was a delay in
granting him promotion to the post of Grade – I Police Constable. Similarly
placed persons had filed Writ Petition and obtained a favourable order. Based on
the said order, he has sent a representation on 26.03.2011 to the appellants and
thereafter, filed the Writ Petition.
4.The learned Single Judge directed the authorities to extend the
benefit of retrospective promotion to the respondent, on par with the similarly
placed persons.
5.This Court is of the considered view that the extension of
promotional and other monetary benefits can be granted only in the event of
establishing a right in the context of the Service Rules applicable to an employee.
Admittedly, in the present case, the respondent retired from service on 31.12.2000
and submitted a representation on 26.03.2011, after a lapse of about 11 years from
the date of retirement. A retired employee, after a lapse of 11 years from his date
of retirement, cannot seek retrospective promotion by merely submitting a
representation. In the event of considering such belated claims, it will result in
opening of Pandora's box and many such similarly placed persons will knock the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
doors of the Court. A person who has slept over his right cannot wake up and
approach the Court belatedly and therefore, the representation submitted by the
respondent itself is hit by laches.
6.The respondent even at the time of filing of the Writ Petition was
aged about 70 years and now, he will be about 83 years. Service benefits, if any,
must be claimed within a reasonable period, when an employee was in service.
Claims regarding promotion is also to be made within the time limits prescribed
under the Service Rules.
7.In view of the fact that the claim set out by the respondent in the
Writ Petition is stale and belated and this Court is inclined to interfere with the
order impugned. Accordingly, the writ order dated 26.11.2013 passed in
W.P(MD)No.10855 of 2012, is set aside and the Writ Appeal stands allowed.
There shall be no as to costs. Consequently, connected Miscellaneous Petition is
closed.
[S.M.S.,J.] & [A.D.M.C.,J.]
04.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
To
1.The Home Secretary,
Represented by the Government of Tamil Nadu,
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,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
ps
ORDER MADE IN
DATED : 04.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
