V.Jagadeeswaran v. The Director General Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.02.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.3409 of 2021 V.Jagadeeswaran ... Petitioner Vs.
1.
The Director General of Police, Chennai 600 004.
The Superintendent of Police, Krishnagiri District.
The Tamil Nadu Uniform Services, Recruitment Board, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st Respondent to consider the representation dated 10.08.2020 sent on 31.08.2020 and 16.12.2020 and to include the Petitioner's name at the appropriate place in the select List of Police Constable of the year 2001-2003 along with his batchmates and grant consequential service benefits in the light of proceedings of judgments in W.P.No.19914 of 2012 and 19915 of 2012, dated 04.07.2014 and W.P.No.37680 of 2016, dated 01.11.2016. For Petitioner :
Mr.M.S.Soundararajan For Respondents :
Mrs.P.Rajalakshmi, Addl. Government Pleader
O R D E R
Petitioner has come up with this Writ Petition seeking a direction to the 1st Respondent to consider his representation dated 10.08.2020 sent on 31.08.2020 and 16.12.2020 and to include his name at the appropriate place in the Select List of Police Constables of the year 2001-2003 along with his batchmates and grant consequential service benefits in the light of the order dated 04.07.2014 made in W.P.Nos.19914 of 2012 and 19915 of 2012 and the order dated 01.11.2016 made in W.P.No.37680 of 2016.
Heard the learned counsel on either side and perused the material documents available on record.
It is stated by the Petitioner that, he was promoted as Grade I Constable in February 2017 and his name was included in the seniority list of 2007, i.e. from the date of his appointment. He made several requests to the Respondents to re-fix his seniority from the date of selection, i.e. 2001-2003 and in that regard, he has also forwarded a representation to the 1st Respondent on 10.08.2020 and a further representation to the Respondents on 16.12.2020. As there is no reply from the Respondents, having no other alternative, the Petitioner has approached this Court.
4.
Taking note of the submissions of the learned counsel on either side, if the Petitioner's representations dated 10.08.2020 and 16.12.2020 are still pending with the Authorities concerned, this Court directs the 1st Respondent to consider the Petitioner's representations, after affording him an opportunity of hearing and pass appropriate orders in accordance with law within a period of thirty days from the date of receipt of a copy of this order.
5.
The Petitioner shall furnish his phone number, Email ID, if any, etc., along with a copy of his representations and a copy of this order to the 1st Respondent, forthwith. The 1st Respondent is directed to communicate the decision taken on the representations, to the Petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that there is no need for the parties to file a Contempt Petition after expiry of the specified period. In case, Authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that, they are not aware of the order of this Court. With the above directions, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
To:
1.
The Director General of Police, Chennai 600 004.
The Superintendent of Police, Krishnagiri District.
The Tamil Nadu Uniform Services, Recruitment Board, Chennai.
+1cc to Mr.M.S.Soundara Rajan, Advocate SR.NO..9766 +1cc to The Government Pleader SR.NO..9914 AKM/18.03.21/3P-6C/ W.P.No.3409 of 2021 18.02.2021