The Madras High Court dismissed writ appeals challenging a 2009 order reversing a 1981 police seniority list. The Court held that the appellant's mere representation after decades, amidst subsequent promotions, could not circumvent established delay and lapse of time.
No work on the grounds raised; the appeals are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
W.A(MD)No.172 of 2018 and C.M.P.(MD) Nos.968 and 969 of 2018 W.A.(MD) No.127 of 2017 and C.M.P.(MD) No.1260 of 2017 and W.A.(MD) No.650 of 2015 In W.A.(MD) No.172 of 2018: Yasothai ...Petitioner/4th Respondent Vs.
1.G.Bharathamatha 2.V.Nagarathinam 3.R.Vasantharani 4.S.Ganasoundari
..Respondents 1 to4/Petitioners
5.The Inspector General of Police, South Zone, Madurai.
6.The Deputy Inspector General of Police, Madurai Range, Madurai.
7.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.
8.Saratha 9.Vijaya 10.Kamalavathy 11.Maria Glory 12.Theivanai 13.Jeyalakshmi 14.Devika 15.D.M.Malar 16.R.Shanthi ... Respondents 5 to 16/Respondents 1 to 3 & 5 to 13
PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 25.02.2014 made in W.P.(MD) No.1542 of 2010.
Prayer in WP(MD). 1542/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF https://hcservices.ecourts.gov.in/hcservices/ CERTIORARIFIED MANDAMUS calling for the records relating to the revision of seniority passed by the 3rd respondent in his
2
proceedings C.No. A2/11308/2008/R.O.No. 139/2009 dated 12.06.2009 in so far as respondent Nos. 4 to 13 are concerned and the consequential memorandum passed by the 1st respondent in his proceedings No. 4757/A1/09 dated 29.10.2009 and communicated by the 2nd respondent in his proceedings C.No. A1/7727/1237/09 dated 27.11.2009 and quash the same as illegal and consequently to direct the respondents 1 to 3 to promote the petitioners as inspectors of police w.e.f. the date on which their juniors were promoted.
For Appellant :Mr.M.Subash Babu Mr.A.K.Baskara Pandian Special Government Pleader For R1 to R4 :Mr.H.Md.Imran for M/s.Ajmal Associates For R9, 10, 12, R13 to R16 :Mr.R.Rajesh
For R5 to R7 :Mr.AK.Baskarapandian
For R8, R11 : NA In W.A.(MD) No.127 of 2017:
1.The Inspector General of Police, South Zone, Madurai.
2.The Deputy Inspector General of Police, Madurai Range, Madurai.
3.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.
.. Appellants/Respondents 1 to 3
Vs.
1.A.Muniyammal Sub-Inspector of Police, All Women Police Station,Thirumangalam, Madurai District.
2.B.Jenova
3.Jasmine Vasantharani
4.M.Dhanapandi
5.G.Amirtham
6.R.Lakshmi
7.Pandiyammal
8.V.Rajakumari
3
9.Panchavarman
10.D.Amutha
11.Vijayalakshmi
12.C.Prasanna Gnanasoundari
13.Geetharamani 14.V.Vijayal 15.Padmavathi
16.C.Saratha
17.G.Rajeshwari
18.L.Sagayarani
19.M.Velammal
20.P.Maragatham 21.Mumtaj Nizar ..Respondents 1 to 21/Petitioners 1 to 21 22.Yasothai 23.Saratha
24.Vijaya 25.Kamalavathy
26.Maria Glory
27.Theivannai
28.Jeyalakshmi
29.Devika Jeyalakshmi Sub-Inspector of Police, Karaikudi North Police Station, Sivagangai District.
30.D.M.Malar
31.Jeyalakshmi
https://hcservices.ecourts.gov.in/hcservices/ 32.Anarkili
4
33.Parameshwari
34.R.Shanthi ... Respondents 22 to 34/Respondents 4 to 16
PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 11.11.2014 made in W.P.(MD) No.10989 OF 2010.
Prayer in WP(MD). 10989/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the revision of seniority passed by the 3rd Respondent in his proceedings C.No.A2/11308/2008/R.O.No.139/2009 dated 12-06-2009 in so far as Respondent Nos.4 to 16 are concerned and the consequential memorandum passed by the 1st Respondent in his proceedings No.4757/A1/09 dated 29-10-2009 and communicated by the 2nd Respondent in its proceedings C.No.A1/7727/1237/09 dated 27-11-2009 and quash the same as illegal and consequentially to direct the Respondents 1 to 3 to promote the petitioners as Inspectors of Police with effect from the date on which their juniors were promoted.
For Appellant : Mr.A.K.Baskara Pandian Special Government Pleader For R1 to R3 & R18: Mr.R.Sundar
1.The Inspector General of Police, South Zone, Madurai.
2.The Deputy Inspector General of Police, Madurai Range, Madurai.
3.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram. .. Appellants/Respondents 1 to 3
5
1.G.Bharathamatha 2.V.Nagarathinam 3.R.Vasantharani
4.S.Ganasoundari
5.Yasothai
6.Saratha
7.Vijaya
8.Kamalavathy 9.Maria Glory 10.Theivanai 11.Jeyalakshmi 12.Devika 13.D.M.Malar 14.R.Shanthi ..Respondents/Petitioners
PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 25.02.2014 made in W.P.(MD) No.1542 of 2010.
Prayer in WP(MD). 1542/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the revision of seniority passed by the 3rd respondent in his proceedings C.No. A2/11308/2008/R.O.No. 139/2009 dated 12.06.2009 in so far as respondent Nos. 4 to 13 are concerned and the consequential memorandum passed by the 1st respondent in his proceedings No. 4757/A1/09 dated 29.10.2009 and communicated by the 2nd respondent in his proceedings C.No. A1/7727/1237/09 dated 27.11.2009 and quash the same as illegal and consequently to direct the respondents 1 to 3 to promote the petitioners as inspectors of police w.e.f. the date on which their juniors were promoted.
For Appellants : Mr.A.K.Baskara Pandian Special Government Pleader For R1 to R4 :Mr.H.Md.Imran for M/s.Ajmal Associates R5 to R12 :NA
COMMON JUDGMENT
(Judgment of this Court was delivered by M.M. SUNDRESH, J.)
Since the appeals are arising out of the same issue, they have taken up together and dispose of by this common judgment.
6
filed a writ petition in W.P.(MD) No.451 of 2008 and got a direction to consider her representation. In pursuant to the same, the appellants, who filed W.A(MD)No.650 of 2015, passed the order reversing the seniority list drawn in the year 1981. This order was passed on 12.06.2009. Apparently it was also passed without hearing the writ petitioners.
Sd/-
Assistant Registrar(T&P)
/True Copy/
Sub Assistant Registrar(CS-II)
TO
2.THE DEPUTY INSPECTOR GENERAL OF POLICE, https://hcservices.ecourts.gov.in/hcservices/ MADURAI RANGE, MADURAI.
7
CM
DS RP SAR2 20 11 2018 7P 8C
| W.A(MD | )No. | 172 | of | 2018 and |
|---|---|---|---|---|
| C.M.P.(MD) Nos.968 | and | 969 | of | 2018 |
| W.A.(MD) | No. | 127 | of | 2017 |
| and C.M.P.(MD) | No.1 | 260 | of | 2017 |
| and W.A.(MD) | No. | 650 | of | 2015 |
| 17 | .09 | .2018 |
3 issues framed by the court
Whether a seniority list drawn in 1981 can be reversed by a 2009 administrative order passed without hearing.
Whether the writ petitioners' acquiescence to subsequent promotions bars the challenge to the original seniority.
Whether the delay and lapse of time warrant dismissal of the writ petitions seeking reversal of seniority.
Yasothai
G.Bharathamatha
Inspector General of Police, South Zone, Madurai
M.M. SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
