W.A.(MD) No.2153 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE W.A.(MD) No.2153 of 2023 and C.M.P.(MD) No.17287 of 2023 1.The State of Tamil Nadu, Rep. by its Secretary, Home Department, Secretariat, Chennai. 2.The Director General of Police, O/o.The Director General of Police, Chennai – 600 004. 3.The Commissioner of Police, Madurai City, Madurai. ... Appellants Vs. K.J.Anntony ... Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act, praying to set aside the order dated 14.03.2022 passed in W.P.(MD).No.4291 of 2017 on the file of this Court and allow this Writ Appeal. p. 2 W.A.(MD) No.2153 of 2023 For Appellants : M/s.Veerakathiravan, Additional Advocate General assisted by M/s.S.Shaji Bino, Special Government Pleader For Respondent : Mr.Niranjan S.Kumar JUDGMENT (Order of the Court was made by M.S.RAMESH, J. ) When the respondent herein had claimed cash awards in the light of G.O (Ms) No.126, Home (Pol.VII) Department, dated 25.02.2013 and G.O (Ms) No.1149, Home (Pol.VII) Department, dated 16.12.2013 on the ground that he has won medals in the 15th Senior National Para Athletic Competition, his request was rejected through an order dated 27.09.2016 on the ground that the medal winners in the All India Police Duty Meet and Police Sports Meet only are eligible for the cash awards. When he had challenged this order before the Writ Court in W.P.(MD).No.4291 of 2017, the learned Single Judge had directed the Police Department to take a policy decision in order to cover the benefits of cash awards/incentives for the medal winners in the Para Athletics/Sports Competitions for the physically challenged employees also, within a p. 3 W.A.(MD) No.2153 of 2023 period of twelve weeks. 2. While rejecting the respondent's claim for cash awards, the appellants had placed reliance on G.O (Ms) No.126, dated 25.02.2013 and G.O (Ms) No.1149, dated 16.12.2013, holding that only the medal winners of the Sports Meet conducted by the Police Department would be eligible and not the respondent herein, who had won an award in the Paralympic Competition held by the Uttar Pradesh Association. When the Government order itself disqualifies for the cash incentive for medal winners of Sports Meet conducted by the bodies other than the Police Department, the rejection order which was impugned in the Writ Petition cannot be found fault with. 3. The learned Single Judge, however, had taken into consideration various Government orders of other Departments which extends cash awards/medals to the diffrently challenged person and had set aside the rejection order. However, the Writ Court had also taken into consideration that grant of such awards is a policy decision of the concerned Department. p. 4 W.A.(MD) No.2153 of 2023 4. In our view, such a finding gains approval of this Court. However, the consequential direction issued to the appellants herein, to frame a policy within a period of twelve weeks on the ground it amounts to discrimination, cannot withstand legal scrutiny. Having found that it is a policy decision of the Government, no such positive directions ought to have been made in the order. On this limited ground, we are inclined to interfere with the order passed in the Writ Petition. 5. Accordingly, paragraph 7 of the order passed by the Writ Court in W.P.(MD).No.4291 of 2017 dated 14.03.2022, is set aside. Consequently, we recommend to the appellants herein to consider in future, the claims made by the persons similar to that of the respondent herein, for recognition of their achievements in the Para Athletics/Sports Meets. 6. In the result, the Writ Appeal stands Partly Allowed. No costs. Connected miscellaneous petition is closed. p. 5 W.A.(MD) No.2153 of 2023 [M.S.R., J] [A.D.M.C., J] 23.01.2025 Index: Yes Internet: Yes Neutral Citation: Yes Speaking order Sni p. 6 W.A.(MD) No.2153 of 2023 M.S.RAMESH, J. and A.D.MARIA CLETE, J. Sni W.A.(MD) No.2153 of 2023 23.01.2025