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V.Rasu vs The Government Of Tamil Nadu

Madras High Court|02 August, 2017

JUDGMENT / ORDER

(Judgment of the Court was made by G.R.SWAMINATHAN, J.) The unsuccessful writ petitioner is on appeal, challenging the order dated 22.04.2013 made in W.P.(MD) No.1475 of 2013.
2.According to the appellant, he joined the Police Department as early as 1962 as Grade-II Police Constable. He was promoted to the post of Grade I Police Constable only after 33 years i.e. in the year 1995. He retired in the year 1998. He represented to the authorities seeking grant of notional promotion with monetary benefits. His request was rejected by order dated 22.10.2012. Questioning the same, he filed W.P.(MD) No.1475 of 2013. The learned Judge took the view that the writ petitioner cannot be given retrospective promotion from the date of entry into service in the year 1962. Therefore, the writ petition came to be dismissed. Aggrieved by the same, this intra Court appeal has been filed.
3.It is not in dispute that the petitioner retired from service in the year 1998. It is true that the writ petitioner was working as Grade II Police Constable for almost 33 years. Though one ought to feel sympathetic for the petitioner, it is not possible to grant any relief at this point of time. The question of revising one seniority and grant of retrospective promotion that too on notional basis will not arise after the retirement of the employee concerned. As already pointed out, the writ petition came to be filed 14 years after the appellant already retired. The appellant is trying to agitate stale claims.
4.There is no merit in this writ appeal. It stands dismissed. No costs.
To
1.The Government of Tamil Nadu, Rep.by its Secretary to Govt, Home Department, Fort.St.George, Chennai ? 600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai ? 600 004.
3.The Commissioner of Police, O/o. The Commissioner of Police, Madurai City, Madurai.
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Title

V.Rasu vs The Government Of Tamil Nadu

Court

Madras High Court

JudgmentDate
02 August, 2017