G.Sudarsanam, v. The State Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.30030 of 2011 G.Sudarsanam .. Petitioner Vs.

1.The State Govt. rep. by the Home Secretary, Police VI Department, Secretariat, St. George Fort, Chennai - 600 009.

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

3.The Superintendent of Police, Vellore District, Vellore.

.. 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 sanction advance increment for undergoing sterilization operation in accordance with G.O.Ms.No.1066, dated 22.09.1978, Personnel and Administrative Reforms (FR-I) Department, and pay the benefits together with the accrued arrears upto date with interest. For Petitioner : Mr.S.Pushpakaran For Respondents : Mr.B.Anand Government Advocate

O R D E R

Heard Mr.S.Pushpakaran, learned counsel for the petitioner; Mr.B.Anand, learned Government Advocate for the respondents and perused the materials available on record.

2. The petitioner has filed this Writ Petition for issuance of Writ of Mandamus directing the respondents to sanction advance increment for undergoing the sterilization operation in accordance with G.O.Ms.No.1066, dated 22.09.1978.

3. It seems that the application of the petitioner dated 08.12.1984 was returned for certain defects. According to the petitioner, he resubmitted application with all records, but advance increment was not given so far.

4. The learned counsel for the petitioner would submit that after satisfying with the application of the petitioner, the Superintendent of Police, Vellore District, sent a letter to the Director General of Police, Chennai on 03.03.2009, seeking some clarification and he was informed that they are awaiting response from the Government.

5. The learned Government Advocate submitted that in the Medical Certificate produced by the petitioner, it does not contain the signature of the Doctor, who conducted surgery and if the petitioner gives a fresh representation to the third respondent, the same would be considered in accordance with law.

6. In the light of the above facts and the submission of the learned counsels, this Court without going into the merits of the case, directs the petitioner to give a fresh representation to the third respondent with all relevant records within a period of four weeks from the date of receipt of a copy of this order and on such compliance, the third respondent shall process the application and pass appropriate orders on merits and in accordance with law, within a period of four months therefrom.

7. With the above direction, the Writ Petition is disposed of. There is no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar r n s To

1. The Home Secretary, Government of Tamil Nadu, Police VI Department, Secretariat, St. George Fort, Chennai - 600 009.

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

3.The Superintendent of Police, Vellore District, Vellore.

+1cc to Mr.S.Pushpakaran, advocate sr.no.60012 +1cc to Government Pleader sr.no.62139 W.P. No.30030 of 2011 gj(co) nr 26/09/2018