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Madras High CourtWP/22813/2013disposed of

B.Sekar v. The Commissioner Of Police

2020-09-30Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI B.Sekar ... Petitioner in W.P.22813/2013 R.Venkatesan ... Petitioner in W.P.22814/2013 G.Manohar ... Petitioner in W.P.22815/2013 Vs.

The Commissioner of Police, City Police Office, Egmore, Chennai - 600 008.

... Respondent in all the W.Ps.

Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondent herein to upgrade the petitioners as Head Constable with effect from 01.11.2002 in the light of the decision rendered by the Tamil Nadu Administrative Tribunal in O.A.Nos.3442, 3443 and 3459 of 2003 respectively, dated 20.10.2003, 20.10.2003 and 21.10.2003 respectively, and in the light of G.O.Ms.No.368, P & A R Department, dated 18.10.1993 within a stipulated time.

For Petitioners : M/s.Ravi Shanmugam For Respondents : Mr.S.Thangavel 1/4

Special Government Pleader

O R D E R

These writ petitions have been filed seeking issuance of Writ of Mandamus directing the respondent to upgrade the petitioners as Head Constable with effect from 01.11.2002 in the light of the decision rendered by the Tamil Nadu Administrative Tribunal in O.A.Nos.3442, 3443 and 3459 of 2003 respectively, dated 20.10.2003, 20.10.2003 and 21.10.2003 respectively, and in the light of G.O.Ms.No.368, P & A R Department, dated 18.10.1993, within a stipulated time. 2.The case of the petitioners is that the petitioners joined the Police service as Grade II Police Constable during the year 1986 and was promoted as Grade I Police Constable during the year 1997. The Government issued G.O.Ms.No.15, Home (Pol.V) Department, dated 07.01.

2010, as per which, Grade II Police Constables who have put in ten years of service will be promoted as Grade I Police Constables and Grade I Police Constables who have put in five years will be promoted as Head Constables. According to the petitioners as per the said Government Order, they are entitled to promotion as Head Constable with effect from 01.11.2002. In this regard the petitioners made representations dated 12.07.2013 to the respondent and since the same have not yet been considered have filed these writ petitions.

3.The learned counsel appearing for the petitioners would submit that it would suffice if this Court issues direction to the respondent to consider the petitioners representations dated 12.07.2013, as per the Rules and to pass appropriate orders, within a reasonable time frame. 4.The learned Special Government Pleader has no serious objection for this Court issuing such a direction. 5.In view of the above, this Court directs the respondent to consider the petitioners representations dated 12.07.2013, as per the Rules, on merits and in accordance with law and pass appropriate orders, within a period of three months from the date of receipt of a copy of this order.

6.The writ petitions are accordingly disposed of. No costs. 30.09.2020 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No M.DHANDAPANI,J.

pri 3/4

To The Commissioner of Police, City Police Office, Egmore, Chennai - 600 008.

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