Ms.Mohideen Fathima Beebi v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 26-06-2015

CORAM:

THE HONOURABLE MR. JUSTICE D. HARIPARANTHAMAN W.P.No.18510 of 2015

1. Ms.Mohideen Fathima Beebi (WHC 804)

2. Ms.Rama (WHC 814)

3. Ms.Mallika (WHC 807)

4. Ms.Mahalakshmi (WHC 811)

5. Ms.Fathima (WHC 812)

6. Ms.Gracy Tamilselvi (WHC 808)

7. Ms.Latha (WHC 809)

8. Ms.Adilakshmi (WHC 805)

9. Ms.Annamalai Reni (WHC 801) 10.Ms.Karthikayeni (WHC 802) 11.Ms.Anbuselvi (WHC 800) 12.Ms.Rajarajeswari (WHC 766) 13.Ms.Indira Gandhi (WHC 803) .. Petitioners Vs 1 Government of Tamil Nadu Rep by its Principal Secretary Home (Police) Department , Secretariat, Chennai 9.

2 Director General of Police Chennai 4 3 The Inspector General of Police, I.G. Central Zone, Trichy - 20.

4 The D.I.G. of Police Trichy Range.

5 The Superintendent of Police Tiruchy District.

.. Respondents Prayer : Petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the representation dated 22.05.2015 submitted by the petitioners and to pass orders thereon on merits and in accordance with law within a time that may be stipulated by this Honourable Court.

For petitioners ::

Mr. B. Gurumurthy For respondents ::

Mrs. M.E. Rani Selvam, AGP

ORDER

The petitioners were appointed as Grade I Women Police Constable during the year 1990-1991. Those Grade I Women Police Constables, numbering 441, were promoted as Head Constables in the year 2003.

2. They requested the Government to upgrade them as Special Sub Inspector of Police on par with men. The men Grade I Police Constables upto 31.12.1993 were upgraded as Head Constables in 1998 and they were upgraded as Special Sub Inspector of Police with effect from 01.09.2008 as per G.O.Ms.No.180, Home (Pol-3) Department, dated 01.03.2009.

3. Based on their request, the Government issued G.O.Ms.No.152, Home (Police-III) Department, dated 25.02.2011, upgrading the Grade I Women Police Constable recruited during 19901991 as Special Sub Inspector of Police with effect from January 2009 as an one time measure and as a special case. Accordingly, the petitioners got the benefit of upgradation as Special Sub Inspectors of Police from January 2009.

4. While so, the petitioners have made a representation dated 22.05.2015 to upgrade them as Special Sub Inspectors of Police on completion of 15 years of service. That is, they want them to be upgraded as Special Sub Inspector of Police from 2006 onwards, instead of 2009, as per G.O.Ms.No.152, Home (Police-III) Department, dated 25.02.2011.

5. In my view, having accepted the benefits of upgradation as per G.O.Ms.No.152, dated 25.02.2011, they could not ask for upgradation from a date prior to the date that is mentioned in G.O.Ms.No.152, dated 25.02.2011. If they were not happy with G.O.Ms.No.152, Home Department, dated 25.02.2011 upgrading them as Special Sub Inspectors of Police from 2009, they could have questioned the same in the manner known to law insofar as upgrading them as Special Sub Inspector of Police with effect from 2009 instead of 2006.

6. They want this Court to issue a direction to the respondents to dispose of their representation seeking upgradation as Special Sub Inspector from 2006. I am not inclined to issue such direction to the respondents to dispose of their representation.

7. For the reasons stated above, this writ petition fails and the same is dismissed. No costs.

glp/gg s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1 The Principal Secretary, Home (Police) Department, Government of Tamil Nadu , Secretariat, Chennai 600 009.

2 Director General of Police, Chennai - 600 004.

3 The Inspector General of Police, Central Zone, Trichu - 20.

4 The D.I.G. of Police Tiruchy Range.

5 The Superintendent of Police Tiruchy District.

+ 1 cc to the Govt.Pleader SR 31829 pa(co) prk1/10 W.P.No.18510 of 2015