R.Chenrayan v. The State Of Tamil Nadu Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.4170, 4172 & 4173 of 2022 R.Chenrayan ... Petitioner in W.P.No.4170 of 2022 T.Ayyappan ... Petitioner in W.P.No.4172 of 2022 C.Wilson ... Petitioner in W.P.No.4173 of 2022 vs.

1. The State of Tamil Nadu, rep by its Additional Chief Secretary, Home (Police) Department, Fort St. George, Chennai 60 009.

2. The Director General of Police, Tamil Nadu, Chennai 4.

... Respondents in all W.Ps.

Prayer in W.P.No.4170 of 2022: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to pass orders on the representation dated 03.02.2022 seeking accelerated promotion on the basis of the second respondent's proposal/recommendation of the first respondent in proceedings Rc.No.282832/NGB.1(2)/2011 dated 30.05.2018 on merits and as per law.

Prayer in W.P.No.4172 of 2022: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to pass orders on the representation dated 03.02.2022 seeking accelerated promotion on the basis of the second respondent's proposal/recommendation of the first respondent in proceedings Rc.No.282832/NGB.1(2)/2011 dated 30.05.2018 on merits and as per law.

Prayer in W.P.No.4173 of 2022: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of

a Writ of Mandamus directing the first respondent to pass orders on the representation dated 04.02.2022 seeking accelerated promotion on the basis of the second respondent's proposal/recommendation of the first respondent in proceedings Rc.No.282832/NGB.1(2)/2011 dated 30.05.2018 on merits and as per law.

In all W.Ps.

For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.P.Balathandayutham Special Govt. Pleader C O M M O N O R D E R These writ petitions have been filed seeking to issue a Writ of Mandamus, directing the first respondent to pass orders on the representations of the petitioners, seeking accelerated promotion, on the basis of the second respondent's proposal/recommendation in proceedings Rc.No.282832/NGB.1(2)/ 2011 dated 30.05.2018 on merits and as per law.

2. Since the facts of the case and the issues involved in all the writ petitions are similar in nature, this court passes common order.

3. The case of the petitioners in brief:

The petitioners were appointed as Constable and thereafter, the petitioners in W.P.No.4170 and W.P.No.4173 of 2022 are now working as Special Sub Inspector of Police and the petitioner in W.P.No.4172 of 2022 is working as Head Constable. The petitioners were posted to render service in the Special Task Force (STF) for operations to capture forest brigand Veerappan during the year 2000 along with very many officials belonging to various department. In the Special Task Force, the officials had achieved the assignment by terminating the said forest brigand.

3.1. In order to recognize the above achievement, the Government had announced various awards, including accelerated promotion.

Accordingly, the petitioners' request for accelerated promotion, were duly considered and forwarded with appropriate recommendations by the second respondent to the first respondent vide proceedings dated 30.05.2018. But the first respondent has not passed any order till date. Hence, a reminder was also sent by the petitioners. However, there is no fruitful remedy. Hence these writ petitions.

4. The learned counsel appearing for the petitioners submitted that the petitioners had participated in encounter and major STF Operation along with the other officials and to recognize their achievement, the Government had sanctioned Awards including accelerated promotion by issuing Government Orders. The second respondent had also sent proposal for accelerated promotion, recommending nine persons, including the petitioners, vide proceedings dated 30.05.2018. However, the first respondent has not issued any orders in this regard. The petitioners had also sent representation seeking accelerated promotion and hence and hence, appropriate direction may be given to the petitioners to consider the same and to pass orders.

5. The learned Special Government Pleader appearing for the respondents submitted that the proposal sent by the second respondent will be considered by the first respondent and appropriate orders will be issued, within a time frame, as fixed by this court.

6. Inview of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this court is inclined to pass orders.

7. Accordingly, it is ordered as follows:

i) The first respondent is directed to consider the proposal for accelerated promotion sent by the second respondent dated 30.05.2018 and pass appropriate orders on its own merits, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mst

To

1. The Additional Chief Secretary, The State of Tamil Nadu , Home (Police) Department, Fort St. George, Chennai 60 009.

2. The Director General of Police, Tamil Nadu, Chennai 4.

+3ccs to Mr.L.Chandrakumar, Advocate, S.R.No.13106,13107,13108 +1cc to the Government Pleader, S.R.No.13748,13749 W.P.Nos.4170, 4172 & 4173 of 2022 PMK[co] NSK 16/03/2022