R.Kanagaraj v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.28994 of 2014 1.R.Kanagaraj 2.M.Subramani 3.B.Balakrishnan 4.R.Rangaraja 5.K.Kanagaraj ..Petitioners Vs.

1.The State of Tamil Nadu rep by Secretary to the Government, Home (Police-3) Department, Fort St.George, Chennai.

2.The Superintendent of Police, Coimbatore District, Coimbatore.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to step up the basic pay of the petitioners to Rs.5900 in the cadre of Sub Inspector of Police and to disburse the arrears with all benefits in the light of G.O.(D).No.3, Home (Police 3) Department dated 04.01.2011.

For Petitioners :

Mr.K.S.Karthik Raja For Respondents :

Mr.K.Dhananjayan, Special Government Pleader

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The service particulars of the petitioners are as follows:

S.No.

Name of the Applicant Date of Promotion as Sub-Inspector of Police Basic Pay at the time of promotion R.Kanagaraj 15.02.1999 Rs.5300/- M.Subramani 15.02.1999 Rs.5300/- B.Balakrishnan 15.02.1999 Rs.5300/- R.Rangaraja 15.02.1999 Rs.5300/- K.Kanagaraj 15.02.1999 Rs.5300/-

3. The learned counsel appearing for the petitioners would submit that the petitioners are entitled to the benefit of G.O.(D)No.3, Home (Police-3) Department dated 04.01.2011 for the reason that in similar facts and circumstances, claim of one Gopalakrishnan, who was promoted as Sub-Inspector of Police on 15.02.1999 was considered, viz-a-viz in the case of one Murugan, who was junior to Gopalakrishnan was considered in the light of the orders passed in W.P.No.6250 of 2010 and the benefit of stepping up of pay was granted in favour of Gopalakrishnan, vide the above said Government Order. The petitioners, in this regard, had also submitted an individual representation dated 26.07.2014 as well as a common representation dated 09.10.2014 and since those representations have not been given disposal, they are constrained to approach this Court by filing this writ petition.

4. Heard Mr.K.Dhananjayan, learned Special Government Pleader who accepts notice on behalf of the respondents.

5. Though the petitioner has prayed for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents 1 and 2 to consider and dispose of the petitioners' common representation dated 09.10.2014 and pass orders on merits and in accordance with law 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.

6. This Writ Petition is disposed of accordingly. No costs.

jvm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to the Government, The State of Tamil Nadu, Home (Police-3) Department, Fort St.George, Chennai.

2.The Superintendent of Police, Coimbatore District, Coimbatore.

+ 1 cc to Mr.K.S.Karthik Raja, Advocate Sr 73409 + 1 cc to The Govt.Pleader, Sr 73673 KR/23/02/2017 W.P.No.28994 of 2014