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Madras High CourtWP/6878/2013disposed of

K.Subramanian, v. The Director General Of Police

2020-02-18Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.02.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6878 of 2013 K.Subramanian ... Petitioner Vs.

1. The Director General of Police, Police Head Quarters, Mylapore, Chennai-4.

2. The Commissioner of Police, Greater Chennai, Egmore, Chennai 600 008.

... Respondents Prayer:

This writ petition has been filed under Article 226 of the Constitution of India to issue an order, direction or writ particularly in the nature of Writ of Mandamus directing the respondents to promote the petitioner as Grade-I Constable on par with his junior Mr.C.Jayaprakash (PC 6901) with effect from 01.07.1981 and subsequent promotions at the relevant periods with terminal and pensionary benefits. For Petitioner : Dr.R.Sampathkumar For Respondents : Mr.S.Thangavel, Spl.Gov.Pleader (for R1 and R2)

ORDER

This petition has been filed for direction to the respondents to promote the petitioner as Grade-I Constable on par with his junior Mr.C.Jayaprakash (PC 6901) with effect from 01.07.1981 and subsequent promotions at the relevant periods with terminal and pensionary benefits.

2. The writ petition is of the year 2013. The respondents have not chosen to file counter affidavit so far. Hence, this matter is taken up today for final disposal.

3. The petitioner was appointed as constable on 02.06.1997 and he was retired from service on superannuation on 31.10.2008. Though his junior Mr.C.Jayaprakash was promoted in https://hcservices.ecourts.gov.in/hcservices/

time as Grade-I constable and subsequently Head Constable and Sub Inspector of Police, the petitioner was given promotion to the post of Grade-I Constable, after 17 years. Hence, he made several representations to the respondents for inclusion of his name in the 'C' list in an appropriate place for the promotion on par with his junior C.Jayaprakash. But no order has been passed by the respondents. Hence he filed this writ petition.

4. Considering the facts of the case, without expressing any opinion on merits, this court directed the respondents to consider the representation of the petitioner and pass appropriate orders on merits, as early as possible, within 12 weeks from the date of receipt of a copy of this order.

5. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registar (CCC) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, Police Head Quarters, Mylapore, Chennai-4.

2. The Commissioner of Police, Greater Chennai, Egmore, Chennai 600 008.

+1 cc to Dr.R.Sampath Kumar,Advocate Sr.No. 14491 +1 cc to The Government Pleader Sr.No.14650 AKM/19.03.2020/2P-5C / W.P.No.6878 of 2013 https://hcservices.ecourts.gov.in/hcservices/