R.Thiruvaruselvan v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.3884 of 2020 R.Thiruvaruselvan .. Petitioner - Vs -

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2. The Commissioner of Police, Greater Chennai, Chennai.

3. The Deputy Commissioner of Police, Armed Reserve, Greater Chennai,

4. The Superintendent of Police, Vellore, Vellore District.

5. The Superintendent of Police, Tirupattur, Tirupattur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the fourth/fifth respondents to consider the petitioner service for promotion along with attended benefits on par with other employees based on the petitioner representation dated 29.11.2019 within stipulated period. For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.K.Parameswaran Government Advocate.

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents 4 and 5 to consider the representation made by the petitioner on 29.11.2019 and pass appropriate orders within the time stipulated by this Court.

2. The case of the petitioner is that he joined as a Grade-II Constable in the year 1997. Disciplinary action was initiated against the petitioner and an enquiry was conducted and the second respondent, by an order dated 19.10.2010 imposed a punishment of postponement of one increment for a period of one year without cumulative effect. This order came into effect from 01.10.2011.

3. The further case of the petitioner is that he is entitled to be considered for promotion to the post of Constable Grade-I. However, there was a delay in promoting the petitioner. Due to this delay, the juniors had overtaken the petitioner and thereby, the petitioner was deprived of the further promotion and increment in salary. The petitioner had made a representation to the respondents in this regard on 27.12.2018 and 29.11.2019. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.M.Sathish Kumar, learned counsel appearing on behalf of the petitioner and Mr.K.Parameswaran, learned Government Advocate appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the fourth and fifth respondents to consider the representations made by the petitioner on 27.12.2018 and 29.11.2019 and pass appropriate orders on its own merits and in accordance with law, within a period of six(6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents 4 and 5 along with a copy of representations dated 27.12.2018 and 29.11.2019 and a copy of this Order.

6. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar KMI To

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2. The Commissioner of Police, Greater Chennai,

3. The Deputy Commissioner of Police, Armed Reserve, Greater Chennai,

4. The Superintendent of Police, Vellore, Vellore District.

5. The Superintendent of Police, Tirupattur, Tirupattur District.

+1cc to Mr.M.Sathish Kumar, Advocate, S.R.No. 13723 +1cc to the Government Pleader, S.R.No. 14676 WP.No.3884 of 2020 PA(CO) GN(17/03/2020)