LAWS(MAD)-2022-3-26

STATE OF TAMIL NADU Vs. C. SRINIVASAN

Decided On March 15, 2022
STATE OF TAMIL NADU Appellant
V/S
C. SRINIVASAN Respondents

JUDGEMENT

(1.) These Writ Appeals have been preferred by the Government against various judgments, granting upgradation as Special Sub Inspector of Police on completion of 25 years of service, irrespective of the period of service in the light of the judgment of this Court in the case of The Government of Tamil Nadu, Rep. by Home Secretary vs. V.Samy and others [W.A.(MD) Nos.1506 of 2011, etc., batch] dtd. 17/6/2013. However, in yet another case in The Principal Secretary to Government vs. V.Ramachandran and others [Rev.A.Nos.79 to 79 of 2015, etc., batch] dtd. 22/3/2017, the Division Bench of this Court took a contrary view to the effect that the claim of deemed promotion cannot be accepted, by further observing that the Bench could not "blindfold itself by the earlier Division Bench judgment to allow the claim of the Writ Petitioners therein".

(2.) In view of the conflict judgments rendered by this Court, the First Bench of this Court, vide judgment dtd. 20/12/2019, referred the issue to a Larger Bench to decide as to which judgment has laid down the correct law in respect of grant of upgradation in the Police Department.

(3.) When these batch of Writ Appeals are taken up for hearing, Mrs.Mythreye Chandru, learned Special Government Pleader appearing for the Government submitted that the Larger Bench of this Court, by an order dtd. 4/2/2022, has already answered the questions framed by the First Bench of this Court, which reads as follows: