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Madras High CourtWP/3140/2018disposed of

K.Shanmugamurthi, v. The Secretary To Government,

2018-02-13Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-02-2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3140 of 2018 K.Shanmugamurthi ..

Petitioner -vs1.The Secretary to Government, Home (Police) Department, Chennai.

2.The Director General of Police, Law and Order, Chennai-600 004.

3.The Superintendent of Police, District Police Office, Erode District.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent herein to consider and pass orders on the petitioner's representation dated 15.12.2017, regarding granting of promotion on par with his juniors in the light of the orders passed by the Division Bench of this Hon'ble Court in W.P.No.25043 of 2002 dated 18.9.2007 which was implemented by Government vide G.O.Ms.No.1623, (Home Pol VI) Department, dated 12.12.2008.

For Petitioner - Mr.G.Bala for M/s.G.Bala and Daisy For Respondents - Mr.V.Kadhirvelu, Special Government Pleader.

ORDER

The petitioner joined the Police Department as Grade II Police Constable on 31.10.1997 and he was promoted as Grade i Constable on 3.1.2007 and further, the petitioner was promoted as Head Constable. The petitioner has completed more than 20 years of loyal service to the Department and he has been maintaining a good and clean record of service and his services were appreciated by his Superior Officers.

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2. The grievance of the petitioner is that in violation of the orders of the Division Bench of this Court in W.P.No.25043 dated 18.9.2007 and the Government Order in G.O.Ms.No.1623, Home Pol. VI Department, dated 12.12.2008, the Superintendent of Police, Erode District/third respondent herein, is maintaining two seniority list in Armed Reserve for General Line and Motor Transport Wing and due to this, the petitioner has been denied promotion and his junior, one P.Amudha placed at Serial No.14 in the Combined Seniority List of the Police Personnel working in the Armed Reserve in Erode District, has been promoted. In view of this, the petitioner made a representation to the Head of the Department on 15.12.2017, since no orders have been passed, he preferred this writ petition.

3. Considering the limited nature of the prayer sought for by the petitioner, without going into the merits of the case, the first respondent is directed to consider the representation submitted by the petitioner on 15.12.2017 and pass orders on merits in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar Svn To 1.The Secretary to Government, Home (Police) Department, Chennai.

2.The Director General of Police, Law and Order, Chennai-600 004.

3.The Superintendent of Police, District Police Office, Erode District.

+1cc to Mr.Babu & Daisy, Advocate SR.No.10789 W.P.No.3140 of 2018 GN(12/03/2018) https://hcservices.ecourts.gov.in/hcservices/