IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 4937 of 2022

M.Dakshina Murthy ...Petitioner

Vs.

1.Union of India,

Rep. By its Secretary to Government,

Ministry of Home Affairs,

New Delhi.

2.Director General,

Central Industrial Security Force,

(Ministry of Home Affairs)

13, CGO’s Complex,

Lodhi Road,

New Delhi – 110003.

3.Inspector General (SS),

CISF SS HQRS,

CISF CHPT Campus,

Chennai – 600 009.

4.Deputy Inspector General (pers) Central Industrial Security Force,

(Ministry of Home Affairs)

13, CGO’s Complex, Lodhi Road, New Delhi – 110003.

5.Deputy Inspector General, South Zone, Rajaji Bhavan, Besant Nagar, Chennai – 600 090.

6.Assistant Inspector General (Pers.)

GCO’s Complex, Lodhi Road, New Delhi – 110003. ...respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to order No.E-36016 / 21/ 2008 / Pers.I/43 issued by the 6^th respondents dated 15.01.2021, quash the same and direct the respondents to grant Senior Time Scale in favour of the petitioner w.e.f., 20.04.2009 with all consequential benefits, including arrears of pay and allowances and refixation of pension and arrears of pension with interest at 12% per annum for the period of delay.

For Petitioner : Mrs.Y.Kavitha For M/s. P.V.S.Giridhar & Sai For respondents : Mr. A.R.Sakthivel Senior Panel Central Government Standing Counsel

O R D E R

Challenging the rejection of request for grant of Senior Time Scale of pay (Senior Time Scale) through the impugned order, the petitioner is before this Court seeking an issue of certiorarified mandamus to quash the order and consequently direct the respondents to grant Senior Time Scale to the petitioner with effect from 20.04.2009, with all consequential benefits including arrears of pay, allowances and re-fixation of pay and arrears of pension with interest at 12 % per annum for the period of delay. The brief facts of the case are as follows.

2. The petitioner had entered the service of the respondents force, namely, the Central Industrial Security Force, herein after referred to as CISF, as an Assistant Sub Inspector on 22.09.1997. The petitioner would submit that from the date of selection into the CISF he has been discharging his duties sincerely and in a dedicated manner, which has won several appreciations from his superiors. He was promoted as a Sub Inspector on 28.06.1982 and thereafter as an Inspector / EXE on

10.03.1988.

3. Thereafter, by order dated 18.07.2005, the petitioner was promoted to the post of an Assistant Commandant / EXE with effect from 20.04.2005 and was placed on probation as he was working in CISF Unit, ChPT, Chennai. The petitioner by order dated 07.09.2006, was transferred to the CISF Unit, ONGC, Nazira, Assam. The petitioner submitted a representation dated 12.09.2006, to the Director General, CISF, seeking deferment of transfer for a year on account of impending marriage of his daughter.

4. In his representation, the petitioner highlighted the fact that he has completed 12 years and 8 months of service out of Home Zone and after fulfilling his domestic commitments, he was willing to serve anywhere in the country including North Eastern region. However, by order dated 29.09.2006, the Senior Commandant, CISF, CHPT, Chennai, intimated that the petitioner was to be relieved from Chennai.

5. Since the order was passed while his representation was pending consideration, the petitioner had filed WP.No.46347 of 2006, challenging the order of transfer. Interim stay of order of transfer was issued by this Court on 22.12.2006. The petitioner on completion of his daughter’s marriage, which was one of the reasons for seeking deferment of transfer, the petitioner instructed his counsel to withdraw the writ petition and the same was withdrawn and the petitioner had joined the CISF Unit, ONGC, Nazira, Assam on 20.03.2007.

6. Thereafter, the petitioner was served with a charge