J.Kandavel Pc.35989 v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.10.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4064 of 2016 J.Kandavel .. Petitioner vs The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007. .. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the respondent to grant selection grade to the petitioner on completion of 10 years of service from the date of his appointment on 01.12.2003 and give him all consequential monetary and other service benefits.

For Petitioner : Mr.M.Gnanasekar For Respondent : M/s.A.Srijayanthi, Spl GP

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondent to grant selection grade to the petitioner on completion of 10 years of service from the date of his appointment on 01.12.2003 and give him all consequential monetary and other service benefits. 2.The writ petitioner was appointed as Police Constable Grade-II on 01.12.2003 and serving in the Department for the past about 15 years. However, the benefit of Selection Grade in the Post of Police Constable Grade II has not been extended to the writ petitioner.

3.This Court is of an opinion that the benefit of Selection Grade and Special Grade were granted in respect of the employees, who are stagnated in respect of the promotional opportunities. In lieu of promotional opportunities, the benefit of Selection Grade and Special Grade were granted pursuant to https://hcservices.ecourts.gov.in/hcservices/

the recommendations of the Pay Commission. Thus, the benefit of Selection Grade and Special Grade cannot be denied to the employees, if they are otherwise eligible and qualified in accordance with the conditions stipulated in the Pay Rules in force.

4.Thus, without going into the merits of the matter, the respondents are directed to consider the representation submitted by the writ petitioner on 29.10.2013 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. The writ petitioner is directed to furnish the copy of the representation and other relevant documents, if any, along with the order passed in the writ petition.

5.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak To The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

+1 cc to M/s.M.Gnanasekar, Advocate Sr.No.74653 W.P.No.4064 of 2016 VSN-II(CO) CSL/16.11.2018 https://hcservices.ecourts.gov.in/hcservices/