Madras High CourtWP/11294/2017disposed of

M.Sudhakar v. State Of Tamilnadu

2017-06-22Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2017

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA W.P. No.11294 of 2017 Dr. M. Sudhakar Petitioner vs.

State of Tamil Nadu represented by the Secretary Home Department Fort St. George Chennai 600 009 The Director General of Police Post Box No.601 Dr. Radhakrishnan Salai Mylapore Chennai 600 004 The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road V.O.C. Nagar Park Town Chennai 600 003 S.R. Senthil Kumar Deputy Commissioner of Police Central Crime Branch Chennai City No.132, Commissioner Office Building EVK Sampath Road Vepery, Chennai 600 007 R. Ramakrishnan Deputy Commissioner of Police Crime & Traffic (Salem City) 249, Cherry Road, Salem 636 007 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to re-fix the seniority by placing the petitioner at a higher position above the 4th and 5th respondents on the basis of marks obtained by the petitioner in the qualifying examination in

respect of appointments made to the post of Deputy Superintendent of Police, Category I in the Tamil Nadu Police Service 1998-99.

For petitioner Mr. N. Senthil Kumar For RR 1 & 2 Mr. V. Jayaprakash Narayanan Special Government Pleader For R3 Ms. C.N.G. Niraimathi

ORDER

With consent, this writ petition is taken up for final disposal.

2.This writ petition has been preferred seeking a writ of mandamus directing the first respondent to re-fix the petitioner's seniority by placing him at a higher position above the respondents 4 and ,5on the basis of marks obtained by the petitioner in the qualifying examination in respect of appointments made to the post of Deputy Superintendent of Police, Category I in the Tamil Nadu Police Service 1998-99. 3.Today, when the matter was taken up for hearing, the learned Standing Counsel for the third respondent-Public Service Commission fairly submitted that the petitioner's ranking has been re-fixed by placing him in the 6th position . 4.However, the learned counsel for the petitioner submitted that since the candidate placed at Sl. No.1 has not joined duty still, the petitioner's seniority has to be fixed, after ascertaining as to whether the said person has joined duty or not.

5.As a riposte, it is submitted by the learned Standing Counsel for the third respondent-Public Service Commission that the request made by the learned counsel for the petitioner will follow as a natural corollary, in which event, the petitioner's seniority position will be again re-fixed.

Recording the aforesaid submission made by the learned Standing Counsel for the third respondent-Public Service Commission, this writ petition stands disposed of. Costs made easy.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To The Secretary Home Department State of Tamil Nadu Fort St. George, Chennai 600 009 The Director General of Police Post Box No.601 Dr. Radhakrishnan Salai Mylapore, Chennai 600 004 The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road V.O.C. Nagar Park Town, Chennai 600 003 +1cc to Mr.V.Sankaranarayanan, Advocate SR.No.44100 +1cc to the Government Pleader SR.No.44202 W.P.No.11294 of 2017 KK(CO) GN(19/04/2017)