Interim stay on summons to Home Secy and DGP

The bench comprising Justice M M Sundresh and Justice M Nirmal Kumar before whom the appeal moved by both the officers against the summons came up on Monday granted the interim stay as sought for.

Single Judge T Raja in a recent order had directed both the Home Secretary and DGP to appear before him on July 17 and explain their failure in implementing the court order issued on January 10, 2017, which directed the authorities to regularise the services of 168 Grade-II constables.

He had set aside the submission of the Additional Government General that since the Government has filed an appeal against the order the contempt plea ought to be adjourned.

“There is no justification for making such a prayer to defer the compliance of the order passed by this court long time back. Since such a prayer can never be entertained, this court is constrained to issue statutory notice,” Justice Raja had said.

As per the case, the petitioners joined the State police as Grade II constables in 2011 under category 3 of the Tamil Nadu Special police and they received two yearly increments in 2012 and 2013. As per the service condition, if such grade II constables work for a stipulated time, they would be transferred to Armed Reserve police (Category-2), with continuity of service and pay protection together with seniority.

Accordingly, the department called for application from the said petitioners for entering Category-2 by way of appearing in the examination.

However, after selection they were informed that their seniority could be counted only from 2013 and their basic pay would also start from 2013 only while giving all other benefits with continuity from 2011.

Aggrieved, the petitioners moved the Court and on January 10, 2017 the Court allowed their plea and directed the authorities to grant continuity of service with all attendant benefits.