A.Shahul Hameed, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.24799 & 24800 of 2015 A.Shahul Hameed .. Petitioner in W.P.No.24799/2015 S.Sundararaj .. Petitioner in W.P.No.24800/2015 - Vs -
1. The Secretary to Government, Home (Police-3) Department, Fort St. George, Chennai - 9.
2. The Director General of Police, Law & Order, Mylapore, Chennai - 4.
.. Respondents in both the WPs Prayer in both the WPs:- Writ Petitions have been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider and dispose of the representation of the petitioners dated 16.02.2015 and 08.07.2015 respectively in the light of the Government Order in G.O.Ms.No.93, Home (Police-3) Department dated 06.02.2015 within a reasonable time. For Petitioners : Mr.S.Sivakumar For Respondents : Mr.V.Subbiah Special Government Pleader - - - - - C O M M O N O R D E R By consent, both the writ petitions are take up for final disposal.
2. The petitioners in both the writ petitions entered into service as directly recruited Sub-Inspector of Police (law and order). For deputing the directly recruited Sub-Inspector of Police, the respondents instead of sending them in a single batch for training, has bifurcated them into two batches for want of accommodation in the police training campus and hence the petitioners were belatedly sent for training on 22.05.2000. The petitioners would further state that despite they had secured high marks, their claim was not favourably considered. It is further submitted that some of the similarly placed persons like that of the petitioners
herein have approached this Court by filing writ petitions in W.P.No.26449 of 2012 etc batch and this Court passed final orders to consider their representation for fixation of their seniority and in compliance of the same the first respondent has passed G.O.Ms.No.93, Home (Police-3) Department, dated 06.02.2015 refixing the seniority of the above said writ petitioners based on the marks secured in the final examination conducted by the Police Training College by relaxing Rule 25(a) of the Special Rules for Tamil Nadu Police Subordinate Service in their favour since they have been sent to training on 22.05.2000 (i.e.) after their juniors were sent for training.
3. The petitioners in both the writ petition would submit that since they both were also similarly placed, their claim for refixation may be considered in the light of the said G.O. and that they have also submitted representations dated 16.02.2015 and 08.07.2015 respectively in this regard and prays for appropriate orders.
4. Heard the submissions of Mr.S.Sivakumar, learned counsel appearing for the petitioners and Mr.V.Subbiah, learned Special Government Pleader who accepts notice for respondents 1 & 2.
5. This Court in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioners directs the respondents 1 and 2 to consider and dispose of the representation of the petitioners dated 16.02.2015 and 08.07.2015 respectively, on merits and in accordance with law after taking note of the Government Order in G.O.Ms.No.93, Home (Police-3) Department, dated 06.02.2015 and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petitions are disposed of, accordingly. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar kk
To
1. The Secretary to Government, Home (Police-3) Department, Fort St. George, Chennai - 9.
2. The Director General of Police, Law & Order, Mylapore, Chennai - 4.
+1 cc to Mr.S.SivaKumar, Advocate sr.42168 +1 cc to Government Pleader vide sr.41973 W.P.Nos.24799 & 24800 of 2015 aa04/09/2015