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Madras High CourtWP/3924/2020disposed of

K.Geetha v. The Director General Of Police,

2020-02-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.3924 of 2020 K.Geetha .. Petitioner - Vs -

1. The Director General of Police, Chennai-600 004.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to send the petitioner for regular Sub-Inspector of Police training so as to enable to get regular Sub Inspector of Police on par with her batchmates with all consequential benefits based on the representation made by the petitioner dated 07.11.2017 & 11.12.2019 and thereon within a time to be stipulated by this Court. For Petitioner : Mr.P.Ganesan For Respondents : Mr.S.N.Parthasarathy Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to send the petitioner for regular training in order to enable the petitioner to get regularized as a Sub Inspector of Police on par with her batchmates.

2. The case of the petitioner is that she joined as a Grade-I Police Constable in the year 1991. The petitioner was dismissed from service on the ground of some misconduct in the year 1999. The petitioner challenged the said dismissal order before the Tamil Nadu Administrative Tribunal in OA.No.1102 of 2000. The Tribunal, by an order dated 22.07.2002 modified the punishment into that of stoppage of increment for five years with cumulative effect and it also denied the back wages to the petitioner while ordering reinstatement. This order was

also confirmed by this Court in WP.No.19208 of 2003.

3. The petitioner was thereafter, reinstated into service in the year 2006 and she was kept under compulsory wait for some time. The petitioner was allowed to join duty only on 25.11.2006.

4. The petitioner again filed a writ petition in WP.No.29837 of 2007 before this Court questioning the order of the first respondent. The writ petition was dismissed and as against the same, a writ appeal was filed and it was allowed and it was also further confirmed by the Apex Court. Pursuant to the above orders, the petitioner was not sanctioned increment for a period from 01.04.2000 to 01.04.2004. In the meantime, the post of Women Grade-I Police Constables was upgraded as Special Sub Inspector of Police in the year 2009. This was done for all those who have completed 10 years of service as Head Constables. This benefit was not given to the petitioner and the batch mates of the petitioner were upgraded as Special Sub Inspector of Police and they were also sent for training. The petitioner had made a representation to the respondents to include her name in the training list to enable her to get the regular post of Sub Inspector of Police. Since the same was not considered, the present writ petitioner has been filed before this Court.

5. Heard Mr.P.Ganesan, learned counsel appearing on behalf of the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate appearing on behalf of the respondents.

6. 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 respondents to consider the representation made by the petitioner on 11.12.2019 and pass appropriate orders 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 along with the copy of the representation dated 11.12.2019 and a copy of this order.

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

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

To

1. The Director General of Police, Chennai-600 004.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

+1cc to Mr.P.Ganesan, Advocate, S.R.No. 14334 +1cc to the Government Pleader, S.R.No.14681 WP.No.3924 of 2020 SVI(CO) GN(03/03/2020)