M.Josephine Lourdu Mary v. Government Of Taminadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.05.2017 CORAM :
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ WRIT PETITION NO.12704 OF 2017 AND WMP NO.13532 OF 2017 M.Josephine Lourdu Mary .. Petitioner Vs.
1.Government of Tamil Nadu Represented by its Secretary Home (Police) Department Fort St. George, Chennai - 600 009.
2.The Director General of Police Office of the Directorate General of Police Santhome High Road, Chennai - 600 004.
3.The Director General of Police (Administration) Office of the Directorate General of Police Santhome High Road, Chennai - 600 004.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to publish the seniority list from among the Sub-Inspector of Police (Women) recruited during the year 20012002 and who have undergone training in the year 2004 and to confer promotion strictly in accordance with such seniority list in accordance with proviso to Rule 18 and 25(a) of the Special Rules of the Tamil Nadu Police Subordinate Service Rules without reference to the passing of the examination in the first chance or second chance within a specified time limit that may be fixed by this Court.
For Petitioner :
Mr.P.Ganesan For Respondents :
Mr.S.Gunasekaran Additional Government Pleader
O R D E R
Mr.S.Gunasekaran, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent, the writ petition the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner has filed the present writ petition seeking for a direction to the respondents to publish the seniority list from among the Sub-Inspector of Police (Women) recruited during the year 2001-2002 and who have undergone training in the year 2004 and to confer promotion strictly in accordance with such seniority list in accordance with proviso to Rules 18 and 25(a) of the Special Rules of the Tamil Nadu Police Subordinate Service Rules, without reference to the passing of the examination in the first chance or second chance.
3. According to the petitioner, she was selected to the post of Sub-Inspector of Police (Women) and passed the required tests as per Rules 18 and 25(a) of the Special Rules for the Tamil Nadu Police Subordinate Service Rules. The seniority has to be fixed on the basis of the marks obtained by her in the final examination, whereas the respondents have adopted a different method. Aggrieved over the same, the petitioner has made a representation dated 18.10.2016 to the respondents.
4. The learned counsel for the petitioner would submit that the petitioner would be satisfied if a direction is issued to the respondents to consider and dispose of the representation made by her in accordance with the rules.
5. Considering the submissions made by the learned counsel for the petitioner, the respondents are directed to consider and pass orders on the representation dated 18.10.2016 made by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the result to the petitioner.
6. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar TK
To 1.The Secretary Government of Tamil Nadu Home (Police) Department Fort St. George, Chennai - 600 009.
2.The Director General of Police Office of the Directorate General of Police Santhome High Road, Chennai - 600 004.
3.The Director General of Police (Administration) Office of the Directorate General of Police Santhome High Road, Chennai - 600 004.
+1cc to M/s. P. Ganesan, Advocate, S.R.No.37708 +1cc to the Government Pleader, S.R.No.37681 EV(CO) EU 25.5.17 WRIT PETITION NO.12704 OF 2017