P. Govindaraju vs The Secretary to Government

S. Rajeswaran, J.—Since the issue involved and the Respondents are one and the same, the common order is being passed for disposing of these two writ petitions.

W.P.No.19914 of 2012 has been filed to quash the impugned order of the second respondent in Rc.No.183407/Rect.II(1)/2011dated 27.07.2011and W.P.No.19915 of 2012 has been filed to quash the impugned order of the second respondent in Rc.No.183408/Rect.II(1)/2011, dated Nil 08/2011 and for a direction to the respondents to refix the seniority of the petitioners by placing them at the appropriate place in the select list of Sub-Inspector of Police for the year 1994-1995 along with their batchmates and award all consequential benefits.

The common issue involved in both the writ petitions are as follows:- The petitioners have applied for selection to the post of Sub-Inspector of Police for the year 1994-1995. Though they have been provisionally selected, they have not been appointed for the reason that they were medically unfit. Later on, they filed Original Applications before the Tamil Nadu Administrative Tribunal, Chennai to conduct the second Medical Examination and the Tribunal vide order dated 06.02.2001, allowed the said Original Applications and directed the respondent to conduct the second Medical Examination. Accordingly, the petitioners were referred to for the Second Medical Examination and in the second Medical Examination, they have been found fit and later on, they have been appointed as Sub-Inspector of Police in the year 2003. Since then, they have been making representation to the Respondent to refix their seniority along with their batchmates of 1994-1995, as it was not their mistake for having not been selected during the year 1994-1995. As the request of the petitioners were rejected by the orders impugned in these writ petitions they have filed these writ petitions with the above said prayer.

Heard the learned counsel appearing for the petitioners and Mr.Vijayakumar, the learned Additional Government Pleader appearing for the respondents and also gone through the documents available on record including the counter affidavits filed by the Respondents.

The Respondent Department has filed counter affidavits denying the allegations set out in the affidavit filed in support of these writ petitions and sought for dismissal of both the writ petitions.

At the out set, the learned counsel appearing for the petitioners would submit that the issue involved in these writ petitions have already been decided and settled in a number of orders passed by this Court as well as by the Hon''ble Supreme Court. He has, in particular, made a reference to the order dated 16.06.2008, passed by this Court in W.P.No.37185 of 2007 filed by one R.Mathan, a candidate appeared for selection to the post of Sub-Inspector of Police for the year 1994-1995, along with the petitioners herein. Wherein, on Police Verification, it was found that Thiru R.Mathan was involved in a criminal case and he was not appointed to the post of Sub-Inspector of Police and subsequently, the criminal case ended in acquittal. This Court directed the Government to count the service period of the said R.Mathan for all practical purposes on the basis of seniority from 02.06.1997. But it was made clear by this Court that the monetary benefits shall be eligible only from joining of service (i.e) from 15.02.2003. The Writ Appeal No. 211 of 2009 filed by the Government, against the said order was dismissed on 21.04.2009. Pursuant to the order passed by this Court, the Government vide G.O.(D) No. 665, Home(Police E-3), dated 28.07.2009, revised the seniority of R.Mathan along with his batchmates recruited during the year 1994-1995. Therefore, according to him, the facts of the said case would apply to the facts of the case in hand and the petitioners herein are also liable to be given the same benefit.

I have considered the rival submissions carefully. The petitioners who were eligible to be selected as Sub-Inspector of Police for the year 1994-1995 were not selected on account of the adverse medical report. Since the medical examination conducted was not proper and a mistake had been committed, a second medical examination was held at the instance of the petitioners herein, wherein they were found fit and consequently appointed in the year 2003. Therefore, it was not mistake of the petitioners for their non selection for the year 1994-1995 and it was the outcome of defective medical examination. Therefore, the seniority of the petitioners should also be refixed along with their batchmates of 1994-1995. As rightly contended by the learned counsel for the petitioners, analogy of the case of R.Mathan vs. Secretary to Government, Home (Police III) Department, Chennai-9, decided in W.P.No.37185 of 2007 on 16.06.2008 should be applied to the case in hand.

It is admitted by the learned Additional Government Pleader that the order passed in the case of R.Mathan referred above, was challenged by the Government, by filing a W.A.No.211 of 2009 and the same was dismissed by the Division Bench of this Court, thereby the order passed by the learned single Judge of this Court was confirmed.

In the light of the above submissions, and the order passed by the learned single Judge of this Court in W.P.No.37185 of 2007, which was subsequently confirmed by a Division Bench of this Court in W.A.No.,211 of 2009, both the writ petitions deserve to be allowed and the impugned orders, passed by the second respondent in Rc.No.183407/Rect.II(1)/2011dated 27.07.2011 against the petitioner in W.P.No.19914 of 2012 and in Rc.No.183408/ Rect.II(1)/2011, dated Nil 08/2011 against the petitioner in W.P.No.19915 of 2012 are liable to be set aside.

In the result, both the writ petitions are allowed. The impugned orders passed by the second respondent in Rc.No.183407/Rect.II(1)/2011dated 27.07.2011 against the petitioner in W.P.No.19914 of 2012 and in Rc.No.183408/ Rect.II(1)/2011, dated Nil 08/2011 against the petitioner in W.P.No.19915 of 2012 are set aside. Consequently, the respondents are hereby directed to refix the seniority of the petitioners by placing their names in the appropriate places as Sub-Inspector of Police for the year 1994-1995 along with their batchmates, within a period of three months from the date of receipt of copy of this order. It is made clear that the petitioners are not entitled for any back-wages. No costs.