IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.29377 to 29416 of 2012 W.P.No.29377 of 2012 S.Kanthasamy .. Petitioner vs.
1. The Government of Tamil Nadu, Rep. by its Secretary to 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, Coimbatore District.
4. The Superintendent of Police, Thiruppur District. .. Respondents Writ Petition No.29377 of 2013 filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd and 4th respondents to revise and regularise the service seniority and give the notional promotion with monetary benefits to the petitioner on the basis of the petitioner's representation dated 4.1.2011.
For petitioner : Mr.A.Rajaram For respondents : Mr.K.J.Sivakumar Government Advocate
COMMON ORDER
Mr.K.J.Sivakumar, learned Government Advocate, takes notice for the respondents.
2. The learned counsel for the petitioners submitted that the issue raised in the present Writ Petitions is squarely covered by the common order dated 21.9.2012 passed by this Court in W.P.Nos.25624 to 25628 of 2012 wherein the identical case of the similarly placed persons have been considered and the Writ Petitions were disposed of.
3. For the sake of better understanding, the order dated 21.9.2012 passed by this Court in W.P.Nos.25624 to 25628 of 2012 is extracted hereunder:-
"The petitioners are all retired Head Constables of Police. According to them, they are entitled for the benefits of Government Orders in G.O.Ms.No.844, Home (Police-v) Department, dated 03.06.1997 and G.O.Ms.No.13, Home (Police-V)
representations for revising their pay scale based on the above Government Orders. They were all rejected. Therefore, they filed a batch of Writ Petitions before this Court in W.P.Nos.16728 of 2012 and etc., batch wherein by order dated 03.07.2012, this Court set aside the rejections orders and directed the respondents to reconsider the claim of those petitioners. Para 9 of the said order reads as follows:-
"9. In the light of the said submissions, respective impugned orders dated 3.6.2011, 7.6.2011, 11.4.2011, 18.4.2011, 21.4.2011 are set aside. The respondents are directed to reconsider the claim made by the petitioners based on the Government Orders referred above, bearing-in-mind, the earlier orders and pass fresh orders. Necessary orders are directed to be passed within a period of four months from the date of receipt of a copy of this order.
All the Writ Petitions are disposed of with the above directions. No costs."
2. In the cases on hand, of course, it is true that there was no claim made and as such, there is no rejection of their claim.
3. In my considered opinion, since this Court has taken a view earlier in the Batch of Writ Petitions in W.P.Nos.16728/2012 and etc., batch to direct the respondents to consider such representations based on the above Government Orders, I am of the view that the petitioners herein may also be extended the same benefit.
4. In such view of the matter, all the above Writ Petitions are disposed of with a direction to the respondents to consider the case of the petitioners in the light of the above said two Government Orders and in the light of the order passed by this Court in the Batch of Writ Petitions in W.P.Nos.16728/2012 and etc., batch. No costs. Consequently, connected Miscellaneous Petitions are also closed."
4. In the light of the above said order passed by this Court and in the light of the aforesaid Government Orders, the third respondent is directed to consider the representation of the respective petitioners and pass orders by taking into consideration of the order dated 21.9.2012 passed by this Court in W.P.Nos.25624 to 25628 of 2012, within a period of 3 months from date of receipt of a copy of this order.
5. In the result, the Writ Petitions are allowed. No costs.
22.02.2017 Index : Yes / no Internet: yes /no asvm To
1. The Secretary to Home Department, 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 Superintendent of Police, Coimbatore District.
4. The Superintendent of Police, Thiruppur District.
D.KRISHNAKUMAR, J (asvm) COMMON ORDER IN W.P.No.29377 to 29416 of 2012 22.02.2017