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2009 DIGILAW 1330 (MAD)

Government of Tamil Nadu rep. by Secretary to Government, Home Department & Others v. B. Seshachalam

2009-04-22

ARUNA JAGADEESAN, P.JYOTHIMANI

body2009
Judgment P. Jyothimani, J. 1. The writ appeal is directed against the order of the learned Single Judge dated 4. 2007 passed in W.P.No.18119 of 2006. 2. In the impugned order, the learned Judge, while allowing the writ petition filed by the respondent herein, has followed the earlier order passed by this Court dated 12. 2007 in W.P.No.14722 of 2006 in respect of one R. Kamalanathan, who is also similarly situated as that of the respondent herein, and directed the present appellants to give promotion to the writ petitioner/respondent herein as Grade-I Police Constable, by including his name in C List and to consider the placement of the petitioners name in S.No.1 of the list of candidates who are ranked for passing the test. The learned Single Judge has also made it clear that the writ petitioner/respondent herein would not be entitled to get any attendant benefits prior to the actual date of promotion and that the writ petitioner should be given notional promotion from the date of his junior who was given promotion as Grade-I Police Constable and monetary benefits from the date of joining in the promotional post. 3. The appellants, in the grounds of appeal, have clearly stated that as against the order passed in W.P.No.14722 of 2006, dated 12. 2007, which was relied upon by the learned Judge in the impugned order, the appellants are intending to file an appeal. 4. On facts, it is clear that against the order in W.P.No.14722 of 2006 dated 12. 2007, a writ appeal in W.A.No.839 of 2008 was filed and the same was dismissed by this Court on 4. 2009, confirming the order of the learned judge dated 12. 2007 made in W.P.No.14722 of 2006. 5. In such view of the matter, it is not possible to accept the contention of the learned Special Government Pleader and there is absolutely no reason to interfere with the order of the learned Single Judge. The writ appeal fails and the same is dismissed. No costs. Consequently, M.P.No.2 of 2007 is closed.