A.Baby Uma v. The State of Tamilnadu

ORDER This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 2nd respondent to fix the scale of pay of the petitioner in the cadre of Sub-Inspector of Police notionally from 15.09.2004 by clarifying a request made by the 4th respondent in proceedings C.No.B2/15337/2022 dated 21.10.2022 and grant consequential benefits and pass further orders.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been provisionally selected for the post of Sub-Inspector of Police in the year 2001 - 2002. However, the discreet enquiry revealed that the character and conduct were not satisfactory. Therefore, she was declared ineligible for the post of Sub-Inspector of Police. She filed W.P.No.19942 of 2005, by an order dated 13.12.2010 the writ petition had been dismissed. The petitioner then filed W.A.No.789 of 2011. The Division Bench by an order dated 26.11.2012 had passed an order as follows: "14.Accordingly, the respondents are directed to offer appointment to the appellant as Woman Sub-Inspector of Police in respect of the vacancies earmarked for direct recruitment, on the basis of her provisional selection for the year 2001 – 02. However, it is made clear that the appointment will be treated as a fresh appointment and the appellant would not be entitled for seniority or other benefits on the basis of her earlier selection. She will be placed in the bottom of the seniority list of Women Sub Inspector of Polcie. The Director General of Police is directed to issue order of appointment to the appellant as expeditiously as possible and in any case on or before 31 December 2012 and depute her for training immediately thereafter."

3.Accordingly, the 2nd respondent had determined that the petitioner would not be entitled for seniority or other benefits on the basis of the earlier selection and that it would be a fresh appointment. She would be placed on the bottom of the seniority list of women Sub-Inspectors of Police.

4.The 2nd respondent must abide by the directions given in W.A.No.789 of 2011 and pass appropriate orders in accordance with the direction of the Division Bench. The relief sought by the petitioner cannot be granted since it will fly in the teeth of the directions of the Division Bench.

5.It is stated that the 4th respondent had also passed final orders based on the directions given by the 2nd respondent. No further orders are required. This Writ Petition stands dismissed. No costs.

25.03.2025 Index:Yes/No Internet:Yes/No smv To

¶1The Principal Secretary to Government, Home (Police) Department, Secretariat, Fort St. George, Chennai – 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai – 600 004.

3.The Additional Director General of Police (Admin), Kamarajar Salai, Mylapore, Chennai – 600 004.

4.The Commissioner of Police, Pudukottai Main Road, Opp. Central Prison, Subramaniyanpuram, Tiruchirappalli, Tamil Nadu – 620 023. C.V.KARTHIKEYAN,J. smv W.P.No.8049 of 2025

25.03.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.03.2025 CORAM THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.8049 of 2025 A.Baby Uma .. Petitioner Vs. 1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Home (Police) Department, Secretariat, Fort St. George, Chennai – 600 009. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai – 600 004. 3.The Additional Director General of Police (Admin), Kamarajar Salai, Mylapore, Chennai – 600 004. 4.The Commissioner of Police, Pudukottai Main Road, Opp. Central Prison, Subramaniyanpuram, Tiruchirappalli, Tamil Nadu – 620 023. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to fix the scale of pay of the petitioner in the cadre of Sub-Inspector of Police notionally from 15.09.2004 by clarifying the request made by the 4th respondent vide proceeding C.No.B2/15337/2022 dated 21.10.2022 and confer all the consequential benefits. For Petitioner .. Mr.P.Ganesan For R1 to R4 .. Mr.M.Bindran, AGP