Bench grants four weeks to implement TAT order

The Madras High Court has granted four weeks for the State Government to implement an order of the Tamil Nadu Administrative Tribunal (TAT) relating to a police Head Constable. If it is not implemented, the State Home Secretary should appear before the court on August 7, it said.

A Division Bench comprising Justices Elipe Dharma Rao and T.S.Sivagnanam passed the order on a contempt petition filed by the policeman in which he had cited K.P.Jain, Director-General of Police, Ashwin M.Kotnis, Superintendent of Police, Nagapattinam district and the State Government represented by the Home Secretary as respondents.

In his petition, M.Elangovan, Head Constable, Nagapattinam district, submitted that he joined as a Grade–II constable in the Tamil Nadu Special Police Battalion–IX, Manimuthar in April 1986. He was promoted as Grade I constable in July 1997 and Head Constable five years later. On transfer to Nagapattinam district as Grade II constable in March 1995, his pay was regulated as Rs.1200 which was the last pay drawn by him as Havildar at Manimuthar. Suddenly, in November 2002 the Superintendent of Police regulated his pay based on the presumptive pay of Grade-II police constable. A direction was also given that the excess amount paid to him may be recovered.

When he challenged the order of refixation of pay and recovery, the tribunal in a batch of cases held that since the rules did not provide for transfer in the same rank, the constables had been given pay protection and ordered to get the last drawn pay in the previous unit. Hence, the recovery order was not in accordance with justice and equity.

Since, the order was not complied with, the petitioner filed a writ petition. The court in April last year directed the authorities to implement the tribunal’s order within eight weeks. Instead of complying, the authorities issued a show cause notice to him. When he sent a legal notice, the show cause notice was withdrawn. The authorities had not implemented the court orders.

In the counter filed on behalf of the Home Secretary, it was stated that eight weeks may be granted to consider a proposal by the DGP and implement it.

Later, the Bench passed the order.