KARUNAKARAN, vs THE GOVERNMENT OF TAMIL NADU,
- Court
- Madras High Court
WP.No.8190 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WP.No.8190 of 2010
CNR: {HCMA010226672010}
1. Karunakaran
2. P.Muthukumar ..Petitioners
Vs
1. The Government of Tamil Nadu,
Rep. by the Secretary to Government,
Home (Pol-V) Department,
Fort St. George, Chennai-600 009.
2. The Commissioner of Police,
City Police Office, Coimbatore.
3. Rajan
4. Udayakumar
5. V.Velukutty
6. P.Sree Ramachandran
7. K.Prabhakaran
8. A.J.Solomon
..Respondents
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WP.No.8190 of 2010
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
nd
praying to issue a Writ of Certiorari to call for the records on the file of the 2
respondent in proceedings CPO.No.458/2010 and C.No.N2/47798/2008 dated
09.03.2010 and quash the same as illegal, incompetent and without jurisdiction.
For Petitioners: Ms.M.Saranya
for Mrs.V.Srimathi
For Respondents: Mr.C.P.Goutham,
Government Advocate (for R1 & R2)
Ms.Sneha.B
for Mr.L.Chandrakumar (for R3 to R8)
ORDER
The present writ petition has been filed seeking to quash the proceedings
issued by the second respondent in CPO.No.458/2010 and C.No.N2/47798/2008
dated 09.03.2010.
2. The case of the writ petitioners is that they joined service as Police
Constable Grade-II on 25.10.1981 after completing their S.S.L.C. They were
subsequently promoted to the rank of LNK via proceedings in CPO.1456/86,
and thereafter as Grade-II NK vide Do.1421/81-C.No.A2/10776/89. Following
further regular advancements, they were promoted to the post of Head
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WP.No.8190 of 2010
Constable through proceedings in No.1522/89 dated 01.11.1989. It is the further
case of the petitioners that as per the seniority list of Head Constables prepared
by the official respondents, the petitioners’ position are as follows:
29 494 S.Karunakaran
34 1871 P.Muthukumar
43 1638 Rajan
45 813 Udhayakumar
47 342 K.Velukutty
3. The petitioners further pleaded that the respondents 3 to 8 approached
this Court by way of W.P.No.3666 of 2009 and obtained an order dated
25.06.2009. On the basis of the said order, the official respondents revised the
seniority list. To the shock and surprise of the petitioners, their claims were
overlooked, and respondents 3 to 8 secured promotions. Aggrieved by the same,
the petitioners filed the present writ petition challenging the proceedings dated
09.03.2010.
4. Heard the learned counsel appearing for the petitioners, learned
Government Advocate appearing for the respondents 1 and 2 and the learned
counsel appearing for the respondents 3 to 8.
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WP.No.8190 of 2010
5. At the outset, the learned Government Advocate raised a technical
objection, submitting that two separate proceedings were issued on 09.03.2010,
namely CPO.No.458/2010 and CPO.No.459/2010. It is contended that the
petitioners ought to have challenged both orders, and having failed to challenge
CPO.No.459/2010, the writ petition is liable to be dismissed.
6. This Court is not inclined to entertain such a technical objection at this
point of time. Both CPO.No.458/2010 and CPO.No.459/2010 were issued on
the exact same date and are already annexed to the typed set of papers. The
petitioners have raised valid grounds with respect to both proceedings, and
merely because one order was not explicitly included in the formal challenge, it
will not disentitle the petitioners from obtaining a favourable order from this
Court.
7. At this juncture, the learned Government Advocate submitted that the
petitioners have already superannuated from service, and as such, nothing
survives for consideration before this Court.
8. On the other hand, the counter-affidavit filed by the second respondent
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WP.No.8190 of 2010
is very clear in paragraph 16, which reads as under:
16) With regard to the averments made in grounds under para-
(a) to (h), it is submitted that it is true that as per the orders of
the High Court and Government, the petitioners seniority as
Head Constables will be overlooked and the juniors will
overtake the seniority of the petitioners. Though the grievance of
the petitioners are true, it is submitted that only on the directions
of the High Court orders, the seniority has been revised.
9. From the counter-affidavit, the respondents have admitted that the
grievance of the petitioners is genuine. It was only because of the Court orders
that respondents 3 to 8 received the benefits of promotion and the re-fixation of
seniority.
10. In paragraph 17 of the counter-affidavit, the respondents relied upon
the Court proceedings in W.P. No.3666 of 2009. Even if the order in
W.P.No.3666 of 2009 was simply implemented by the respondents, it is the
bounden duty of the respondents to ensure that other eligible employees are also
taken along with the persons who are to receive benefits by way of a Court
order. The respondents ought not to have denied the said benefits to the
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WP.No.8190 of 2010
petitioners merely because they did not approach the Court earlier.
11. This Court is of the view that after superannuation, the petitioners are
not entitled to any retrospective monetary benefits on par with respondents 3 to
8. Furthermore, the writ petitioners’ claim regarding primary benefits on par
with respondents 3 to 8 will be notionally re-fixed, and the same shall be taken
into consideration exclusively for the purpose of the re-fixation of pensionary
benefits.
12. Accordingly, this writ petition stands disposed of with. No costs.
Connected miscellaneous petitions, if any, are closed.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Sni
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WP.No.8190 of 2010
To
1.The Secretary to Government,
Government of Tamil Nadu,
Home (Pol-V) Department,
Fort St. George, Chennai-600 009.
2.The Commissioner of Police,
City Police Office, Coimbatore.
3.The Public Prosecutor,
High Court of Madras.
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WP.No.8190 of 2010
KRISHNASWAMY GOVINDARAJAN, J.
Sni
WP.No.8190 of 2010
27-10-2026
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