IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 10.01.2024 Coram:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.7729 of 2021 and W.M.P.No.8277 of 2021 Mr.Anthony Harry.

Inspector of Police, (Retired), No.17, III Main Road, K.K.R.Garden, Madhavaram, Chennai – 600 060. ... Petitioner -vs-

1. The Government of Tamil Nadu, Represented by the Principal Secretary to Government, Home (Police) Department, Secretariat, Chennai – 600 009.

2. The Director General of Police, Tamil Nadu, Chennai – 600 004. ... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the records relating to the orders in (i)Pro.Rc.No. 156538/AP.3(2)/2016 dated 27.04.2019 of the second Respondent, and (ii)

Letter No.24303/Pol.2/2001-28, Home (Police.2) Dept., dated 24.12.2001 of the first respondent; to quash the same and to issue consequential direction to the respondents (1) to include the name of the petitioner in the panel of Inspectors of Police fit for appointment by recruitment by transfer as Deputy Superintendent of Police (Category-1) for the year 2000-2001, approved in G.O.Ms.No.1026 Home (Police.2) Department dated 15.10.2001, above his junior at Serial No.71 (Thiru.K.Sahadevan) and to grant notional promotion as such on par with his immediate junior and grant consequential benefits of fixation of pay, notional annual increments, etc.; (2) to regularise the period of suspension from 03.2.2000 to 15.06.2001 (including increments due on 01-04-2000 and 01-04- 2001) as duty period for all purposes; (3) to release the encashment of earned leave and unearned leave on private affairs, Special Provident Fund; (4) to grant all revised retirement and pensionary benefits as on 01.07.2009; (5) to release terminal benefits and (6) to disburse the consequential monetary benefits with 18% interest per annum, all within a limited time frame.

For Petitioner : Ms.R.Apoorva For Respondents : Mr.T.Rajendran, AGP -------

O R D E R This Writ Petition has been filed to issue Writ of Certiorarified Mandamus, calling for the records relating to the orders in (i)Pro.Rc.No. 156538/AP.3(2)/2016 dated 27.04.2019 of the second Respondent, and (ii) Letter No.24303/Pol.2/2001-28, Home (Police.2) Dept., dated 24.12.2001 of the first respondent; to quash the same and to issue consequential direction to the respondents (1) to include the name of the petitioner in the panel of Inspectors of Police fit for appointment by recruitment by transfer as Deputy Superintendent of Police (Category-1) for the year 2000-2001, approved in G.O.Ms.No.1026 Home (Police.2) Department dated 15.10.2001, above his junior at Serial No.71 (Thiru.K.Sahadevan) and to grant notional promotion as such on par with his immediate junior and grant consequential benefits of fixation of pay, notional annual increments, etc.; (2) to regularise the period of suspension from 03.2.2000 to 15.06.2001 (including increments due on 01-04-2000 and 01-04- 2001) as duty period for all purposes; (3) to release the encashment of earned leave and unearned leave on private affairs, Special Provident Fund; (4) to grant all revised retirement and pensionary benefits as on 01.07.2009; (5) to release terminal benefits and (6) to disburse the consequential monetary benefits with 18% interest per annum, all within a limited time frame.

2. Heard Ms.R.Apoorva, learned counsel appearing for the petitioner and Mr.M.Rajendran, learned Additional Government Pleader appearing for the respondents.

3. The petitioner has retired from service as Inspector of Police. It is alleged that his name has not been included in the promotional panel, though his junior, who has faced criminal case along with him and who had suffered punishment of censure and reduction in time scale of pay by one stage for one year, has been given with promotion subsequent to the criminal case ended in acquittal.

4. The learned counsel appearing for the petitioner submitted that th