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2015 Supreme(SC) 1055

J.CHELAMESWAR, A.M.SAPRE
B. Radhakrishnan – Appellant
Versus
State of Tamil Nadu – Respondent


Judgment

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed against the common final judgment and order dated 02.07.2013 of the High Court of Judicature at Madras in W.A. Nos.398 and 399 of 2013 whereby the High Court allowed the appeals filed by the respondents herein and set aside the common order dated 13.09.2010 of the learned Single Judge in W.P. Nos. 9527 and 9528 of 2006 by which the appellants’ writ petitions were allowed.

3. In order to appreciate the issue involved in these appeals, which lie in a narrow compass, few relevant facts need mention infra.

4. Mr. B. Radhakrishnan and Mr. K. Padmaraj, appellants herein were enlisted in the Police Department of the Coimbatore City Police Unit in the year 1976 and 1977 respectively as Grade-II Police Constables. One Eswaran and others were recruited between 1979 and 1982 in the Tamil Nadu Special Police Battalion as Grade-II Police Constables, Category III. These persons were promoted to the post of Naik in the year 1985 and subsequently in the year 1987 to the post of Havaldar. At that time these persons were drawing higher pay than the appellants.

5. In the year 1993, Eswaran and others exercised their option as pro















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