1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.10.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.11698 of 2011 K.V.R.Kalaimohan :Petitioner -Vs- 1.The Principal Secretary to Government, Home Department, Secretariat, Chennai-600009. 2.The Director General of Police, Chennai. 3.K.Nagarajan, Addl. Superintendent of Police(Retd)., Prohibition Enforcement Wing, Trichy. :Respondent PRAYER:Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to extend the benefits of the order dated 10.09.2007 in W.P.No.38792 and 38793 of 2003 by restoring the original seniority of the petitioner as fixed by the Police Training College and to consequently promote the petitioner as Deputy Superintendent of Police and Additional Superintendent of Police on par with his Junior Thiru.K.Nagarajan, the third respondent herein with consequential benefits. For Petitioner : Mr.M.Ravi For R-1 and R-2: Mr.TR.Janarthanam,Addl. Govt. Pleader ORDER The present Writ Petition has been filed by the petitioner K.V.R.Kalaimohan seeking issuance of a Mandamus under Article 226 of the Constitution of India to direct the respondents 1 and 2 to extend the benefits of the order passed by this Court in W.P.Nod.38792 and 38793 of 2003 dated 10.09.2007 by restoring the original seniority of the petitioner as fixed by the Police Training College with a consequential direction to promote the petitioner as Deputy Superintendent of Police and Additional Superintendent of Police on par with his Junior Thiru.K.Nagarajan, the third respondent herein, with consequential benefits. 2.Heard Mr.M.Ravi, learned counsel appearing for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader, who takes notice for R-1 and R-2. 3.In view of the order that is to be passed, notice is dispensed with for R-3. 4.By consent, the Writ Petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned counsel appearing for the petitioner submits that when the petitioner was appointed along with several other persons, the Tamil Nadu Public Service Commission has allotted Serial number to the petitioner and the petitioner was shown in Serial No.158 and the third respondent K.Nagarajan was shown in Serial No.56. Thereafter all the selected candidates were sent for police training and on completion of the said training, the Principal of the Police Training College in his proceedings R.C.No.27055/TA 51/77, on the basis of the marks obtained by the candidates at the Police Training College, has prepared the seniority list which meant for giving seniority to all the persons shown therein. Subsequently, when controversy arose by not following the seniority, aggrieved by the G.O.Ms.No.767, Home (Pol. III) Department, dated 28.03.1985 a Writ Petition in W.P.No.20041 of 2008 was filed before this Court. This Court after careful consideration of the merits involved therein, by its order dated 18.11.2008 has allowed the Writ Petition on the basis of a Division Bench Judgment of this Court. 6.The learned counsel appearing for the petitioner has also brought to the notice of this Court to Paragraph No.10 of the said order, which reads as follows: "10. In view of the Division Bench Judgment of this court, the revision of seniority of the petitioner in the post of Sub-Inspector of Police, as fixed by the Principal of the Training College in his proceedings Rc.No.27055 TA 51/77, on the basis of the marks obtained by him at the police Training College has to be restored." 7.The learned counsel appearing for the petitioner further submits that as per the direction given by this Court the revision of seniority of the petitioner in the said Writ Petition in the Post of Sub-Inspector of Police as fixed by the Principal of the Training College in his proceedings Rc.No.27055 TA 51/77, on the basis of the marks obtained by him at the police Training College has to be restored. 8.Elaborating his argument, the learned counsel appearing for the petitioner further submits that the said list was also subsequently implemented by the respondent - Department. Yet, the grievance of the petitioner has not been properly addressed for the reason that when the petitioner was shown above the third respondent K.Nagarajan in the list prepared by the Principal of the Training College dated 03.11.1977, by promoting the third respondent to the higher post, the petitioner was left out. Thereafter, the petitioner has given a representation. But the same was not considered. As a result, he was constrained to come to this Court. Therefore, his only prayer in the present Writ Petition is when the seniority list prepared by the Principal of the Police Training College in proceedings RC.No.27055 TA 51/77, dated 03.11.1977 was already accepted and https://hcservices.ecourts.gov.in/hcservices/ 3 implemented by the respondent - Department, the legal consequences would be to extend the benefit of the said list to the petitioner by properly placing the petitioner in the respective place viz., above the third respondent K.Nagarajan. 9.The learned Additional Government Pleader appearing for the first and second respondents has also submitted that if a direction is given on the basis of the order passed by this Court in the earlier Writ Petition in W.P.No.20041 of 2008, dated 18.10.2008, the same would be properly carried by the Government. 10.Recording the said statement, this Court directs the respondent - Department to consider the case of the petitioner in the light of the order passed by this Court. 11.Since the Director General of Police, Chennai has also passed in proceedings, dated 18.11.2010 with a request to the Government to issue orders stating that the petitioner is eligible for inclusion in 2000-2001 panel at Serial No.44 A between Tr.R.Viswanathan (Sl.No.44) and Tr.B.Sundararajan (Sl.No.45), who was officiated as Deputy Superintendent of Police on 17.04.2002, while considering the case of the petitioner on the basis of the said proceedings, the respondents can give effect to this order by taking note of the order passed by this Court in the Writ Petition mentioned above. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 12.With the above direction, this Writ Petition is disposed of. No Costs. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: 1.The Principal Secretary to Government, Home Department, Secretariat, Chennai- 600 009. 2.The Director General of Police, Chennai. +1CC to The Special Government Pleader. SR.No.35481. Pm W.P.(MD)No.11698 of 2011 RP/04.11.2011/3P/4C. 12.10.2011 https://hcservices.ecourts.gov.in/hcservices/