A. Mahendra Singh v. Secretary To Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.05.2017

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP.No.20112 of 2008 A.Mahendra Singh ... Petitioner Vs.

1. Secretary to Government Home Department, Fort St.George, Chennai - 9.

2. Director General of Police, Chennai - 600 004.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent herein in his proceedings Letter No.98888/Pol-8/07-1, dated 22/11/07 and quash the same and consequently, direct the respondents herein to consider petitioner's case for one stage accelerated notional promotion, in the light of G.O.Ms.No.153, Home (Police VIII), Department dated 26.02.2006 together with all consequential service and monetary benefits.

For Petitioner : Mr.G.Bala for G.Bala & Daisy For Respondents : Mr.R.Vijaya Kumar Additional Government Pleader

ORDER

The writ petitioner made a claim for his accelerated promotion since he participated in the Special Task Force along with several police personnel in order to nab the Forest brigand late Veerappan.

2. The Government issued an order extending the benefit of accelerated promotion to all the personnel involved in the mission. But, the writ petitioner contends that his case is not considered for the reasons not known.

3. The learned counsel appearing for the petitioner stated that the name of the writ petitioner was considered initially along with the name of one Mr.Rajendran, who was working as Head Constable at that point of time and now, he is working as Sub Inspector of Police. The case of Mr.Rajendren was considered by the respondent in G.O.Ms.No.153 dated 26.02.2006, but the claim of the writ petitioner alone was rejected without any valid reason, as per the contentions raised in the writ petition.

4. However, without going into the merits of the case, the learned counsel for the petitioner has restricted his prayer seeking for a direction to consider the representation of the writ petitioner submitted on 20th July 2007.

5. In view of the stand taken by the learned counsel for the petitioner, this Court directs the first respondent to reconsider the representation of the petitioner dated 20th July 2007, taking into account the G.O.Ms.No.153 Home (Police VIII) Department, dated 26.02.2006 and pass appropriate orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sms To

1. Secretary to Government Home Department, Fort St.George, Chennai - 9.

2. Director General of Police, Chennai - 600 004.

+1cc to M/S.Bala & Daisy, Advocate Sr. 37383 WP.No.20112 OF 2008 MG(CO) VR(06/07/2017)