N.Natarajan (Si), v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.33624 of 2015 N.Natarajan(SI)
...Petitioner
Vs.
1. The Government of Tamil Nadu, rep. By its Secretary to Home Department, Fort St.George, Chennai - 600 009.
2. The Director General of police, Kamarajar Salai, Mylapore, Chennai - 600 004.
3. The Deputy Inspector General of Police, Coimbatore Range, Coimbatore.
4. The Superintendent of Police, O/o The Superintendent of Police, Coimbatore, Coimbatore District.
...Respondents
Petition under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus directing the 3rd and 4th respondents to revise and regularize the service seniority and give the further promotion with monetary benefits on par with the petitioner batch mates promotion for the post of SubInspector of Police with retrospective effect from 2003 and further promotion for the post of Inspector of Police as per G.O.Ms.No.253 dated 12.03.2015
For Petitioner :
Mr.A.Rajaram For Respondents :
Mr.N.Srinivasan Additional Government Pleader.
O R D E R
By consent, the Writ Petition is taken up for final disposal.
2. The petitioner was appointed as Grade - II Police in Armed Reserve on 23.12.1986 and got his promotion as Head Constable on 23.12.1998. However, his juniors were promoted on 26.05.1998 six months prior to him. The petitioner was promoted as Sub-Inspector of Police on 01.12.2014 and said to have completed 29 years of sincere and unblemished service.
3. The grievance now expressed by the petitioner is that if the second respondent had called him to attend the Departmental test for promotion to the post of Sub-Inspector of Police in the year 2003, he would have reached the post of Inspector of Police. However, many of his juniors have promoted to the post of Inspector of Police in the Armed Reserve and few of them are, namely, K.Govindaraj and Kathiravan. The petitioner would further state that Thiru.S.Ganesan and 13 others Armed Police Personnel of Coimbatore City have filed Writ Petition No.19854 of 2010 etc. batch before this Court praying to grant seniority by counting the seniority of their respective services, while they served in different stream of police department and also to give further promotion, which was ordered by this Court on 09.11.2010.
To implement the said order, the first respondent has passed G.O.(Ms) No.253 dated 12.03.2015. Since the petitioner is also entitled to similar benefit, he submitted a representation dated 21.08.2015 and 27.08.2015 to respondents 4th and 2nd respondents respectively and since no orders have been passed, he came forward to file this Writ Petition.
4. Heard the submissions of the learned counsel appearing for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
5. Though the petitioner has prayed for a larger relief, this Court, in the above facts and circumstances and without
going into the merits of the same, directs the second respondent to consider the representation of the petitioner dated 27.08.2015 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 petitioner. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar sl To
1. The Secretary to Home Department, Fort St.George, Chennai - 600 009.
2. The Director General of police, Kamarajar Salai, Mylapore, Chennai - 600 004.
3. The Deputy Inspector General of Police, Coimbatore Range, Coimbatore.
4. The Superintendent of Police, O/o The Superintendent of Police, Coimbatore, Coimbatore District.
1 CC to Mr.A.Rajaram, Advocate SR.No. 57385 1 CC to the Government Pleader, SR.No.57742 Writ Petition No.33624 of 2015 KK (CO) PSI (04.11.2015)