N.Murugan (Si-920), v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 29.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34483/2015 N.Murugan ..Petitioner Vs 1.The Government of Tamilnadu, Rep.by its, Secretary to Home Department Fort St George, Chennai-9.

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 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 3rd and 4th respondents to revise and regularise the service seniority and give the further promotion with monetary benefits on par with my batch mates promotion for the post of Sub Inspector of Police with retrospective effect from 2000 and further dated 12.03.2015.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.V.Subbiah, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner would state that he was appointed as Grade II Police Constable in Armed Reserve Police on 19.01.1982 in Coimbatore Rural District and got his promotion as a Head Constable on 03.07.1999 and however, his juniors were promoted on 26.05.1998, i.e., six months before the petitioner was promoted as Sub Inspector of Police on 01.02.2015. and claims to have completed 32 years of blemishless service. The promotion to the post of Inspector of Police is also not given in time and in the interregnum, the juniors to the petitioner got promotion in the Armed

Reserve Police. The petitioner would state that promotion to the post of Head Constable was unduly delayed. In this regard, the petitioner has given several representations. Learned counsel for the petitioner would submit that in this regard, Tvl.S.Ganesan and 13 others have filed WP.Nos.19854, 19858 and 19976/2010 praying for grant of seniority by counting the seniority of their respective services, while they served in different stream of police Department and also to give further promotion. The said writ petitions were allowed on 16.06.2008 by taking into consideration the judgment rendered in WA.No.500/2008 and since the petitioner is similarly placed, he has submitted a representation dated 26.10.2015 to the respondents 2 and 4 and since no orders have been passed, he came forward to file this writ petition.

Learned counsel for the petitioner has also drawn the attention of this Court to the common order dated 11.08.2015 made in WP.Nos.17544 and 17545/2015 and would submit that in similar facts and circumstances, this Court has permitted the petitioner therein to submit a representation, with a further direction to the respondents to pass appropriate orders and in the case on hand, the petitioner has already submitted the representation and hence, appropriate direction can be given to the official respondent to consider and dispose of the same in the light of the above Government orders.

This Court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

Though the petitioner has prayed for a 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 petitioner's representation dated 26.10.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AP

To 1.The Secretary to Home Department Government of Tamilnadu Fort St George, Chennai-9.

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.58913 + 1 cc to Government Pleader SR.59266 W.P.No.34483/2015 BVR(CO) EU 23.11.15