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Madras High CourtWP/342/2020disposed of

P.Sachithanandam v. The Government Of Tamil Nadu,

2020-01-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P.No.342 of 2020 P.Sachithanandam ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary, Home Department, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Coimbatore District, Coimbatore.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to fix the seniority of the petitioner taking into account the date of enlistment / appointment as Police Constable Grade II and consequently revise the seniority and promote the petitioner herein as Police Constable Grade I, Head Constable, Sub Inspector and Inspector respectively with all monetary and other benefits with effect from the date on which his juniors got promotion as Police Constable Grade I, Head Constable Grade I, Sub Inspector and Inspector.

For Petitioner : Mr.P.Muthukrishnan For Respondents : Mr.S.Suresh Kumar Government Advocate

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to fix seniority of the petitioner by taking into account his date of appointment as Police Constable Grade II and to grant the petitioner all the consequential benefits.

2. The case of the petitioner is that he was enlisted as Grade II Police Constable on 25.05.1988 and thereafter he was promoted as Grade I Police Constable in the year 1997 and 1/2 https://hcservices.ecourts.gov.in/hcservices/

further promoted as Head Constable in the year 2004. The petitioner become Sub Inspector in the year 2005.

3. The grievance of the petitioner is that there is an anomaly in the fixation of seniority and therefore a representation was made to the respondents to fix the seniority of the petitioner by taking into account his date of appointment as Police Constable Grade II. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. It is the case of the petitioner that similarly placed persons have approached this Court and orders have been passed by this Court.

5. Heard Mr.P.Muthukrishnan, learned counsel appearing on behalf of the petitioner and Mr.S.Suresh Kumar, learned Government Advocate, appearing on behalf of the respondents.

6. Taking into consideration the facts and circumstance of the case and the limited relief that has been sought for in this Writ Petition, there shall be direction to the first respondent to consider the representation made by the petitioner on 05.10.2019 and pass appropriate orders, strictly in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to give fresh representation to the first respondent along with a copy of the representation dated 05.10.2019 and a copy of this order.

7. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(C.S.VI) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Home Department,Fort St.George,Chennai-9. 2.The Director General of Police, Mylapore, Chennai - 600 004. 3.The Superintendent of Police,Coimbatore District,Coimbatore. +1 cc to M/s.P.Muthu Krishnan,Advocate Sr.No. 2115 +1 cc to The Government Pleader Sr.No. 2266 AKM/12.02.2020/2P- 6C / W.P.No.342 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/