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Madras High CourtWP/14053/2021disposed of

S.Rajendran v. The Principal Secretary

2021-07-08Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.14053 of 2021 S. Rajendran ... Petitioner Vs 1.

The Principal Secretary, Home Department, Secretariat, Chennai - 9.

2.

The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to grant promotion to the petitioner in light of G.O.(4D) No.22, Home (Police - 3) Department, dated 16.02.2017 on par with his junior M.Jayabalan to fix the scale of pay and pension with arrears by considering the petitioner's representation dated 15.04.2021.

For petitioner ...

Mr.T.Sella Pandian For respondents ...

Mr.C.Kathiravan, Govt. Advocate

ORDER

(Heard video conference) By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2. This writ petition has been filed seeking for a Mandamus seeking for a direction to the respondents to grant promotion to the petitioner in the light of G.O.4(D) Ms. No.22 Police Department dated 16.02.2017 on par with his Junior viz., M.Jayabalan to fix the scale of pay and pension with arrears by considering the petitioner's representation dated 15.04.2021. The petitioner by the aforementioned representation dated https://hcservices.ecourts.gov.in/hcservices/

15.04.2021 has requested the respondent to re-fix the petitioner's seniority and give promotion as Superintendent of police on par with the petitioner's junior M.Jayabalan who is Sl. No.109, promoted on 14.07.2010 and has also sought for further promotion and revision of pay and pension including arrears of pension in the said representation. Admittedly, the said representation has not been considered, till date by the respondents.

3. Heard Mr.T.Sella Pandian, learned counsel for the petitioner and Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the representation of the petitioner, dated 15.04.2021 is considered on merits and in accordance with law.

5. For the foregoing reasons, this Court directs the respondents to consider the petitioners' representation, dated 15.04.2021 seeking for grant of promotion to him in the light of G.O. 4(D) Ms. No.22 Police Department dated 16.02.2017 on par with his Junior M.Jayabalan and to fix the scale of pay and pension with arrears and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(ccc) //True Copy// Sub Assistant Registrar vsi2 To 1.

The Principal Secretary, Home Department, Secretariat, Chennai - 9.

2.

The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

+1cc to Mr.T.Sella Pandian, Advocate, S.R.No.31894 +1cc to the Government Pleader, S.R.No.32582 W.P. No.14053 of 2021 UM(CO) HS(02/08/2021) https://hcservices.ecourts.gov.in/hcservices/