S.Ramasamy, v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2016

CORAM:

THE HONOURABLE Mr. JUSTICE T.RAJA W.P. No.11067 of 2016 S.Ramasamy .. Petitioner -vs1.The Director General of Police, Chennai-4.

2.The Additional Director General of Police, Armed Police, Chennai-10.

3.The Commandant, Tamil Nadu State Police (TSP) XII Battalion, Manimutharu, Thoothukudi District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to consider and pass orders on the representation made by the petitioner dated 01.07.2015 in the light of the recommendation pending before the 1st respondent forwarded by the second respondent for the purpose of transfer to the petitioner from TSP XII Battalion Manimutharu to Thoothukudi District Armed reserve with all consequential service and monetary benefits.

For Petitioner : Mr.A.Tamilrajan For Respondents: Mr.S.Gunasekaran, Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner S.Ramasamy, seeking a direction to the first respondent to consider and pass orders on the representation dated 01.07.2015 made by him, in the light of the recommendation, forwarded by the second respondent for the purpose of transfer to the petitioner from TSP XII Battalion Manimutharu to Thoothukudi District Armed reserve, pending before the 1st respondent, with all consequential service and monetary benefits.

2.The grievance of the petitioner is that after finishing his training, he joined as Bugler in Tamil Nadu State Police (TSP) battalion XII on 01.12.2013. However, the petitioner made representation dated 01.07.2015, for transfer before the respondents in a prescribed format. The third respondent forwarded the same to the second respondent, who in turn forwarded the same to the first respondent by proceedings in C.No.B1/2906/2015 dated 20.10.2015 and the same has been pending before the first respondent. Similarly placed 51 police Buglers as that of the petitioner, have also made request to transfer them from the Tamil Nadu State Police Battalion to the Armed Services. However, their requests were considered in their favour and the first respondent in and by his proceedings dated 01.07.2014, transferred those persons as they sought for. But the petitioner's request was not considered till date. Therefore, he is before this Court.

3.Heard the learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Additional Government Pleader, who takes notice on behalf of the respondents.

4.Learned Additional Government Pleader would submit that after the election process, the case of the petitioner would be considered.

5.Since the second respondent by proceedings C.No.B1/2906/ 2015 dated 20.10.2015 recommended the case of the petitioner to the first respondent, this Court has no hesitation to consider his case. Considering the submission made by the learned Additional Government Pleader to the effect that the petitioner's case will be considered after the election process is over, the first respondent is directed to consider the petitioner's representation dated 01.07.2015, in the light of the recommendation, forwarded by the second respondent and pass orders, on merits and in accordance with law, within a period of six weeks, immediately after the election process, from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

To 1.The Director General of Police, Chennai-4.

2.The Additional Director General of Police, Armed Police, Chennai-10.

3.The Commandant, Tamil Nadu State Police (TSP) XII Battalion, Manimutharu, Thoothukudi District.

+1cc to Mr.A.TamilRajan, Advocate Sr.18887 +1cc to the Government Pleader Sr.18997 W.P.No.11067 of 2016 vsn(CO) srg(12/04/2016)