Allowed

D. Varadharajan v. the State of Tamil Nadu

Madras HC6 Mar 2013WP(MD)/3422/2013

Case brief

AI extract

What is this about?

The petitioner, a police constable, challenged promotion orders that denied him consideration based on combined seniority. Relying on a prior Division Bench order and recent judgments, the court directed authorities to grant promotion based on appointment date and common seniority across police wings.

What did the court decide?

Petitioner was directed to be given promotion by considering his entry date of 15.04.1997 and grant him seniority accordingly within 12 weeks.

D. Varadharajan Vs the State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.03.2013

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CORAM

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THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN

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W.P.(MD)No.3422 of 2013 and

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M.P(MD)No.1 of 2013

D.Varadharajan

... Petitioner

vs.

1.The State of Tamilnadu, Rep. by its Secretary to Govt., Home Department, Fort St. George,

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Chennai - 600 009.

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2.The Director General of Police, Mylapore,

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Chennai- 600 004.

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3.The Commissioner of Police, Trichy City - 620 020.

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... Respondents

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PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the second respondent pertaining in Na.Ka.No.Rc.No.174072/NGBIII (2)/10 dated 09.09.2010 and consequential orders passed by the third respondent in Na.Ka.No.A6/5071/2011 dated 01.03.2011 and in Na.Ka.No.A6/31555/2011 dated 16.11.2011 in contravention to the Division Bench Order of this Honourable Court in W.P.No.25043 of 2002 dated 18.09.2007 and quash the same and directing the respondents 1 to 3 herein to take into account the petitioner's request for advancement of this promotion to the post of Head Constable from the date of police constables promoted on 12.03.2012 by considering the Law Mark Seniority i.e., combined seniority.

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For Petitioner : Mr.M.Siddharthan

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For Respondents: Mr.M.Murugan,

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Government Advocate

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O R D E R

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The petitioner was selected for the post of Grade-II Police Constable on 15.04.1997 and after completing the training, he was https://hcservices.ecourts.gov.in/hcservices/ posted in the Armed Reserve Tricy city. After completion of ten years of service as Grade-II Police Constable, he was upgraded as Grade-I Police Constable with effect from 01.05.2007 and at that time,

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combined seniority was followed. Unfortunately, before considering the post of Head-Constable common seniority list was given go-by and the police constables from Armed Reserve Police alone were given promotion over their counterparts in Motor Transport Department. As the petitioner was working in the Motor Transport Wing, he was not considered for promotion and the third respondent also informed the petitioner by his memo dated 01.03.2011 that as per the memo of the second respondent dated 09.09.2010 separate seniority list is maintained for Armed Reserve, Motor Transport Wing and therefore as per the seniority maintained in the Motor Transport Wing, the petitioner will be considered for promotion and that was also followed by a memo dated 16.11.2011 and the petitioner was directed not to send any representation and these orders are challenged in this Writ Petition.

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2.The learned counsel for the writ petitioner submitted that the Division Bench of this Court in the judgment rendered in W.P.No.25043 of 2002 made it clear that there cannot be any three separate departments within the Police Department in the absence of any special Rules, when the persons were appointed under one recruitment and posted in the above three departments namely Armed Reserve, Motor Transport Wing and Local Police Wing. The Division Bench has also directed the respondents to consider the date of recruitment as the basis for fixing seniority and effect promotion and as per the order of the Division Bench of this Court, made in W.P.No.25043 of 2002, G.O.Ms.No.1623, Home (POL.V) Department, dated 12.12.2008 was also issued implementing the order of the Division Bench and therefore, he submitted that as per the above Government order dated, the petitioner is entitled to be considered for promotion on the basis of common seniority.

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Mr.M.Murugan, learned Government Advocate takes notice for the respondents and submitted that relaxation of Special Rules in favour of others is under active consideration and yet to be decided and it involves major ramification involving more number of personnels and the seniority issue has to be weighed properly and therefore, till a final order is passed by the Government, the petitioner cannot insist on promotion and the petitioner has to wait till the Government passes the final order relaxing the Rules.

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5.I am unable to accept the contention of the learned Government Advocate.

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6.Admittedly, the order passed in W.P.No.25043 of 2002 has become final and it was also implemented by the respondents and therefore, the petitioner is also entitled for the same treatment as that was given to the petitioners in those writ petitions. Further, it is brought to my notice that in W.P.Nos.2688 to 2890 of 2012, the order passed in W.P.No.25043 of 2002 was followed and the respondents were directed to consider the case of the petitioners for promotion for the post of Sub-Inspector of Police from the https://hcservices.ecourts.gov.in/hcservices/ date of juniors who were promoted. Hence, following the judgments in W.P.No.25403 of 2002, 18.09.2007 and W.P.Nos.2688 to 2690 of 2012 dated 12.10.2012, this Writ Petition is allowed and the respondents

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are directed to give promotion to the petitioner by giving consideration of his entry into the department namely on 15.04.1997 and grant him seniority accordingly. The second respondent is directed to complete the exercise within a period of 12 weeks from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Deputy Registrar (Accounts)

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/True Copy/

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Sub Assistant Registrar

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