F.Bernard Xavier, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.Nos.37274 to 37278 of 2015 F.Bernard Xavier ..Petitioner in WP.37274/2015 S.Nagakavitha ..Petitioner in WP.37275/2015 C.Latha ..Petitioner in WP.37276/2015 G.Bensam ..Petitioner in WP.37277/2015 D.Rajasekaran ..Petitioner in WP.37278/2015 Vs.

1. The Secretary to Government, Home (Police-3) Department, Fort St George, Chennai 9.

2. The Director General of Police, Law & Order, Mylapore, Chennai-04.

... Respondents in all the WPs Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and dispose of the representation of the petitioners dated 24.10.2015, 23.10.2015, 12.10.2015, 27.10.2015 and 29.10.2015 respectively in the light of Government Orders in G.O.(Ms)No.93 Home (Police-3) department dated 06.02.2015 and G.O.(Ms).No.684 Home (Police-3) Department dated 03.10.2015 within a reasonable time.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr. V.Jayaprakash Narayanan, Spl.GP.

C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal.

2. The petitioners would state that they were appointed as Sub-Inspectors of Police during the recruitment year 1997-98. The persons who secured lower marks were sent for training in the first batch on 16.04.1999 and 16.05.1999 respectively and consequently promoted as inspector of police prior to the petitioners. Similarly situated Sub-Inspectors earlier filed

writ petition to refix their seniority taking into account their initial appointment.

3. The Government, pursuant to the direction issued by this Court issued an order in G.O.(Ms)No.93 Home (Police-3) Department dated 06.02.2015, re-fixing the seniority. The petitioners would claim that they are similarly placed and their representations requesting the first respondent to re-fix the seniority were not taken up for consideration and hence the petitioners are before this Court.

4.Heard the submissions of Mr.S.Sivakumar, learned counsel for the petitioner as well as Mr.V.Jayaprakash Narayanan, learned Special Government Pleader who accepts notice for the respondents.

5. This Court, considering the limited prayer sought for in the writ petition directs the first respondent to consider and dispose of the representations submitted by the petitioners, dated 24.10.2015, 23.10.2015, 12.10.2015, 27.10.2015 and 29.10.2015 respectively, on merits and as per law and in the light of the Government Order in G.O.(Ms)No.93 dated 06.02.2015. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

6. This Writ Petitions are disposed of with the above directions. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar tsh To

1. The Secretary to Government, Home (Police-3) Department, Fort St George, Chennai 9.

2. The Director General of Police, Law & Order, Mylapore, Chennai-04.

+1 cc to Mr.S.Sivakumar, Advocate sr.63794 +1 cc to Government Pleader, sr.63934 W.P.Nos.37274 to 37278 of 2015 vgl(co) aa14/12/2015