V.Panchipazham v. The Secretary To The Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.03.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P. No.5140 of 2018 V.Panchipazham .. Petitioner Vs.
1.The Secretary to the Government, Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Mylapore, Chennai - 600 004.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to grant the petitioner promotion to the post of Superintendent as per the GOMS 108 dated 26.10.2015 and Government Letter No.1386/B1/2016-17 dated 28.01.2016 from the date on which the persons junior to the petitioner have been promoted and revise the petitioner's salary based on the petitioner's representation dated 28.08.2017. For Petitioner : Mr.S.Regu For Respondents : Mr.V.Kadhirvelu Special Government Pleader
O R D E R
By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.
2. This Writ Petition has been filed seeking a writ of mandamus, directing the respondents to grant the petitioner's promotion to the post of Superintendent as per G.O.[Ms]No.108 dated 26.10.2015 and Government Letter No.1386/B1/2016-17 dated 28.01.2016 from the date on which the persons junior to her have been promoted and revise the petitioner's salary based on her representation dated 28.08.2017.
3. The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Stenographer cum Typist Grade-II at the Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai. On 12.07.1982, she was recruited as Steno cum Typist through the Employment Office under Rule 10[a][1] of the Tamil Nadu State and Sub-ordinate Service Rules. Thereafter, TNPSC had conducted common recruitment for the posts of Junior Assistant / StenoTypist / Typist belonging to Group IV category and combine seniority list was maintained and all the cadres were eligible for promotion to the posts of Assistants and Superintendents in accordance with inter se seniority list amongst these 3 cadres.
4. While so, in other Departments, the promotions were granted to the Steno-Typists and some of the juniors to the petitioner have been promoted upto Superintendent Level whereas she has been compelled to remain as Steno-Typist Grade II for the past 35 years and her promotions have been denied all along. Now she has on the verge of retirement and hence, on 18.08.2017 she has given representation to the respondents to grant her promotion from the date on which the persons junior to her had been promoted from the post of Steno-Typist and revise the salary.
5. It is seen from the affidavit filed in support of this petition that the petitioner nowhere mentioned her junior names overlooking her promotion and no case is made out. Hence, this Court is not inclined to entertain the Writ Petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sri To 1.The Secretary to the Government, Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Mylapore, Chennai - 600 004.
+1cc to Mr.C.K.M.Appaji, Advocate, S.R.No.17672 W.P. No.5140 of 2018 (CO) GSP(28/03/2018)