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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J.
S. Ramachandran - Appellant
Vs.
The Principal Secretary to Government, Home (Pol.1A) Department, Chennai & Others - Respondent
W.P. No. 27640 of 2013
Decided On : 01-03-2024
Writ Petition - Pay Fixation - G.O.Ms.No.1016, dated 30.11.2009 - The court considered the petitioner's entitlement to notional pay fixation in the cadre of Superintendent of Police (temporary) with effect from 26.11.2004. The court found that the petitioner was entitled to the notional fixation as per the government order and that the impugned order denying the benefit was not sustainable. The court allowed the writ petition and directed the respondents to notionally fix the petitioner's pay from the date of his junior's promotion, with no entitlement to arrears.
Fact of the Case:
The petitioner, a police officer, sought pay fixation on par with his junior in the post of Superintendent of Police after being exonerated from disciplinary proceedings. The respondents denied the request, leading to the filing of the Writ Petition.
Finding of the Court:
The court found that the petitioner was entitled to notional pay fixation as per the government order and that the impugned order denying the benefit was not sustainable. The court allowed the writ petition and directed the respondents to notionally fix the petitioner's pay from the date of his junior's promotion, with no entitlement to arrears.
Issues: The main issue was the petitioner's entitlement to notional pay fixation in the cadre of Superintendent of Police (temporary) with effect from 26.11.2004.
Ratio Decidendi: The court held that the petitioner was entitled to the notional fixation as per the government order and that the impugned order denying the benefit was not sustainable.
Final Decision: The Writ Petition was allowed, quashing the impugned order and directing the respondents to notionally fix the petitioner's pay from the date of his junior's promotion, with no entitlement to arrears.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in connection with the impugned order passed in Letter (D) No.674 Home (Pol.1A) Dept, dated 26.08.2013 and quash the same and further direct the respondents to fix the petitioner's pay notionally from the date of his promotion and posting w.e.f. 26.11.04 in the cadre of Superintendent of Police (non-cadre) and consequently, fix his pay and pension within a reasonable time.)
1. This Writ Petition is filled challenging the order, dated 26.08.2013, in and by which, the petitioner's request to fix his pay on par with his junior in the post of Superintendent of Police is rejected.
2. The brief facts leading to the filing of this Writ Petition are that the petitioner was originally appointed as Sub-Inspector of Police under the respondents with effect from 01.04.1970. He was thereafter promoted as Inspector of Police with effect from 01.04.1982. The petitioner's turn for further promotion as Deputy Superintendent of Police came in the panel 1994-1995. However, the petitioner's case was passed over on account of the Disciplinary Proceedings pending against him vide charge memo, dated 16.06.1995. However, the petitioner was promoted temporarily as Deputy Superintendent of Police with effect from 03.06.1997. Thereafter, in the year 2001-2002, the petitioner came within the zone of consideration for promotion as per seniority to the next higher post of Additional Superintendent of Police. Because the Disciplinary Proceedings were pending, again the petitioner was not considered.
3. On 15.09.2003, the petitioner was exonerated of the charges. Similarly the second set of proceedings ended in the petitioner being exonerated in the year 2009. The petitioner's immediate junior was promoted as Superintendent of Police by an order, dated 25.09.2004, the petitioner's services were not regularised both in the cadre of Deputy Superintendent of Police and in the Additional Superintendent of Police and as such, he was not granted any of the benefits pursuant to his exoneration in the Disciplinary Proceedings. The petitioner retired from service upon his superannuation with effect from 30.11.2004. Since the petitioner's services were not at all regularised as Deputy Superintendent of Police and further regular promotions to the post of Additional Superintendent of Police and Superintendent of Police were not granted to the petitioner, the petitioner approached the respondents. Since there was no positive response from the respondents, the petitioner filed W.P.No.35361 of 2004 and by an order, dated 21.08.2008, this Court directed the respondents to consider and pass orders.
4. Pursuant thereto, the respondents, by G.O.Ms.No.1016, dated 30.11.2009, passed orders granting benefits of regularisation to the petitioner in the cadre of Deputy Superintendent of Police and further notional promotion as Additional Superintendent of Police and Superintendent of Police from the respective dates of promotion of his junior. It is essential to extract paragraph No.7 of the said Government Order which reads as hereunder:-
The main legal point established in the judgment is the entitlement of a government servant to notional pay fixation upon exoneration from disciplinary proceedings, as per the relevant government ord....
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