BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 09.11.2023 ORDER PRONOUNCED ON : 16.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.23739 of 2022 R.Sekar ....Petitioner Vs

1.The Director General of Police Tamil Nadu, Mylapore Chennai 600 004

2.The Deputy Inspector General of Police Tirunelveli, Tirunelveli District 3.The Superintendent of Police Kanyakumari District, Nagercoil ...Respondents (R4 is deleted vide Court order dated 14.10.2022 in WP(MD).No.23739 of 2022)

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents, especially the 'Final Order' passed by the 4^th respondent on his capacity as 3^rd respondent pursuant to his proceedings made in L1/P.R. 103/2014 dated 05.06.2014 awarding punishment of 'Compulsory Retirement from Service' as confirmed by the 2^nd respondent pursuant to his proceedings made in Na.Ka.No.C4/Mey.Mu.56/2015, dated 19.07.2015 contrary to Rule-6(1) of T.N.Police (Discipline & Appeal) Rules as further confirmed by the 1^st respondent pursuant to his proceedings made in R.C.No. 175394/AP-2(1)/2015, dated 16.07.2016 and quash the same as null and void, illegal and invalid and consequently directing the respondents 1 to 3 to reinstate the petitioner not only as Grade-I Police Constable but awarding his regular promotions vis Sub Inspector of Police as of 2010 on the strength of his duty at Police Radio Branch (Maintenance), Nagercoil on par with his juniors posting at Radio Branch (Maintenance), Nagercoil allotting light duty with all monetary and service benefits providing with all increments, allowances and left out monetary benefits, besides cancelling all other minor punishments.

For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.S.Shaji Bino Special Government Pleader

ORDER

The present writ petition has been filed by a Grade-I Constable challenging the order of compulsory retirement from service.

2.The facts relevant for disposal of the writ petition are as follows:

(i)The petitioner herein was appointed as a Grade-II Constable on

25.10.1993 and he was later promoted as a Grade-I Constable. In view of his medical reports in the year 1999, he was transferred to Radio Branch(Maintenance), Nagercoil on deputation basis. In the year 2009, he was transferred to Local Police posting at Control Room (Law & Order), Thoothukudi. While he was working there, he had sustained serious injuries due to falling of a tree on him and as a result of which the normal functioning of his brain turned topsy-turvy, spinal cord joints have also been dislocated and broken down. Hence, he made a request to the authorities to allot light duty at Radio Branch (Maintenance), Nagercoil.

(ii)In the year 2013, he was transferred from Control Room, Thoothukudi to Control Room, Nagercoil. Even before he could join Control Room, Nagercoil, another order was passed transferring him to Virudhunagar on 11.03.2013. Challenging the same, the petitioner had filed W.P.No.7290 of

2013 and an order of interim stay was granted by this Court.

(iii)The petitioner had further filed W.P.No.11312 of 2013 seeking a writ of mandamus directing the first respondent to pass orders upon his representations dated 29.03.2012 and 20.06.2012 wherein he had made a request for allotting light duty at Radia Branch (Maintenance), Nagercoil. Both these writ petitions were heard together and this Court was pleased to pass a common order dated 19.04.2013 directing the first respondent to pass orders on his representation.

(iv)W.P.No.7290 of 2013 was dismissed as withdrawn. In compliance with the order of the High Court, the third respondent had passed an order on 10.07.2013 to the effect that the petitioner is already posted to Control Room (Maintenance), Nagercoil which is the Special Unit involving light duty.

(v)According to the petitioner, he was compelled to submit a VRS application on 09.07.2013 and he had recalled the sai