C.Ganesa Manikandan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2015
CORAM:
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.No.36617 of 2015 C.Ganesa Manikandan ... Petitioner Vs
1. The Secretary to Government, Home (Police III) Department, Fort St. George, Chennai 600 009.
2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
...Respondents
Writ petition has been filed under 226 of the Constitution of India for the issuance of writ of Mandamus, to direct the respondents to pass orders on the representation made by the petitioner dated 21.07.2015 to grant the petitioner seniority in the cadre of Sub Inspector of Police (Armed Reserve) at par with the petitioner's junior A.Subbiah Pandian w.e.f. 05.08.2004 with all consequential benefits within a reasonable time.
For Petitioner : Mr.M.Muthappan For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader
ORDER
Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner filed this writ petition seeking a writ of Mandamus, directing the respondents to consider and pass orders on his representation dated 21.07.2015 by granting seniority in the cadre of Sub Inspector of Police (Armed Reserve) on par with his junior by name A.Subbiah Pandian, with all consequential benefits.
3. It is the case of the petitioner that he joined the service as Grade II Police Constable in the District Armed Reserve on 25.05.1988. After getting various promotions, he was lastly promoted as Sub Inspector of Police (Armed Reserve) on 08.12.2006 and he has been continuing as such.
4. It is the further case of the petitioner that one A.Subbiah Pandian, who was junior to the petitioner in the cadre of Head Constable (Armed Reserve), approached this Court by filing WP.No.27036 of 2005 (OA No.1042 of 2003), wherein, this Court by order dated 13.04.2006, directed the respondents therein to place the petitioner therein above his juniors in the appropriate promotional post and give him all service benefits and other further promotions. The said order was also confirmed in W.A.No.500 of 2008 dated 16.06.2008 and further confirmed by the Hon'ble Supreme Court in SLP (Civil) No.10319 of 2009 dated 20.04.2009. Pursuant to the same, the name of A.Subbiah Pandian was included in the promotional list for Head Constable (AR) on par with his juniors and was promoted as Sub Inspector of Police (Armed Reserve) and was further granted all service and monetary benefits. Hence, the petitioner made a representation dated 21.07.2015 to the first respondent, requesting to grant similar benefits to him. Since the same was not considered, the petitioner is before this court.
5. Heard both sides.
6. Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 21.07.2015 and pass appropriate orders, on merits and in accordance with law, within a period of 10 weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
7. The writ petition is disposed of with the above direction. No costs.
Rk Sd/- Assistant Registrar (CS-III) /True Copy/ Sub-Assistant Registrar To
1. The Secretary to Government, Home (Police III) Department, Fort St. George, Chennai 600 009.
2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
+ 1 C.C. To Government Pleader in SR.NO.62624 + 1 cc to M/s.M.Muthappan, Advocate Sr 62362 (8/1/16) W.P.No.36617 of 2015 VSN(CO) sd : 11/12/2015