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Madras High CourtWP/1382/2017disposed of

Anbarasi v. The Director General

2017-01-19Honourable Mr Justice M. Sathyanarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.1382/2017 Anbarasi ..

Petitioner Vs 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore,Chennai-600 004.

2.The Additional Director General Of Police, Administration, Dr.Radhakrishnan Salai, Mylapore,Chennai-600 004. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the claim of the petitioner for promotion as Inspector of Police (Taluk) by including her name in the C list of SubInspector of Police (Taluk) fit for promotion as Inspector of Police (Taluk for the year 2016-17 communicated in RC No.999/NGBV(1)/7/83/C.List/2016-17/2016 dated 21.09.2016 in the light of the representation made by the petitioner dated 23.09.2016 and promote her as Inspector of Police and grant her all consequential service and monetary benefits.

For Petitioner :

Mr.M.Muthappan For Respondents :

Mr.K.Dhananjayan, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan learned Special Government Pleader accepts notice on behalf of the respondents.

The petitioner would aver that she entered the Tamil Nadu Police Service as directly recruited Grade-II Police Constable and was appointed to service on 15.04.1997 and thereafter, she participated for appointment to the post of Sub Inspector of Police under in-house quota of 20% and was selected and appointed as the Sub Inspector of Police with effect from 15.09.2004. The petitioner is serving in that capacity right from the year 2005. According to the petitioner, she is not facing any disciplinary proceedings or any other proceedings affecting her service career and though she is eligible to be considered for promotion and for inclusion in the "C" List panel, to the post of Inspector of Police, her claim, so far, has been unjustly overlooked. In this regard, she has also submitted a representations dated 23.09.2016, 13.10.2016 and 01.12.2016 respectively to the respondents 1 and 2 and since those representations are yet to be considered, she came forward to file the present writ petition.

Mr.M.Muthappan, learned counsel for the petitioner would submit that since the petitioner is not facing any departmental or criminal proceedings, her name ought to have been included in the "C" List for promotion to the post of Inspector of Police and since it has not been done, she is constrained to approach this Court by filing this writ petition.

Per contra, Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents would submit that the petitioner has not submitted the representations through proper channel and as such, it may not be possible for the respondents 1 and 2 to consider and dispose of her representations in the absence of relevant particulars.

This Court has considered the rival submissions and also perused the materials placed before it.

The petitioner, at present is working in the Police Training School, Vellore and therefore, she is at liberty to submit a representation through the Principal, Police Training School, Vellore, to the respondents 1 and 2 within a period of two weeks from the date of

receipt of a copy of this order and the Principal, Police Training School, Vellore, on receipt of representation from the petitioner, shall forward the same through proper channel to the 2nd respondent within a further period of four weeks thereafter and as and when the 2nd respondent receives the proposal from the Principal, Police Training School, Vellore, shall consider the same on merits and in accordance with law and pass orders within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

19.01.2017 Index :

Yes / No Internet :

Yes / No AP

To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore,Chennai-600 004.

2.The Additional Director General Of Police, Administration, Dr.Radhakrishnan Salai, Mylapore,Chennai-600 004.

M.SATHYANARAYANAN, J., AP W.P.No.1382/2017 19.01.2017 http://www.judis.nic.in