D.Sankaran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18466 of 2019 D.Sankaran .. Petitioner -vs1.The State of Tamilnadu, Rep., by its Principal Secretary to Government, Home (Pol.1A) Department, Secretariat, For St. George, Chennai-600 009.
2.The Director General of Police, Mylapore, Chennai-600 004.
3.M.Chandrasekaran, Additional Superintendent of Police, Headquarters, Kancheepuram.
.. Respondents Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd respondent to consider the representation of the petitioner dated 06.06.2019 and consequently direct the 2nd respondent to revise the seniority list for drawal of panel of Additional Superintendent of Police (Cal-1) fit for promotion as Superintendent of Police (Non Cadre) for the year 2019-2020 by inclusion of 3rd respondent in serial no.36 who is junior to the petitioner in serial No.37.
Petitioner :
Mr.K.P.Sakthivel for Mr.G.Muthukumar For Respondents :
Mr.R.S.Selvam, Government Advocate
O R D E R
This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner dated 06.06.2019, and consequently directing the 2nd respondent to revise the
seniority list for drawal of panel of Additional Superintendent of Police (Cal-1) fit for promotion as Superintendent of Police (Non Cadre) for the year 2019-2020 by inclusion of 3rd respondent in serial no.36 who is junior to the petitioner in serial no.37. 2.Heard Mr.K.P.Sakthivel, learned counsel representing Mr.G.Muthukumar, learned counsel for the petitioner and Mr.R.S.Selvam, learned Government Advocate for the respondents. 3.With consent, this writ petition is taken up for final disposal.
4.It is the case of the petitioner that he was selected as Sub Inspector of Police through TNUSRB in the year 1987 and was promoted as Inspector of Police in the year 2003. He was further promoted as Deputy Superintendent of Police in the year 2009. During 2017, he was promoted as Additional Superintendent of Police. On 27.05.2019, the 2nd respondent sent a proposal to Vigilance and Anti Corruption to draw the panel of Additional Superintendent of Police (Cal-1) fit for promotion as Superintendent of Police (Non Cadre) for the year 2019-2020 by inclusion of 3rd respondent, who is junior to the petitioner. The petitioner had sent a representation to the 2nd respondent to consider his request and to revise the seniority list for Superintendent of Police.
Till date the petitioner's representation has not been considered. Hence, the present writ petition.
5.The learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the first respondent to dispose of the petitioner's representation dated 06.06.2019.
6.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 06.06.2019, and pass orders on merits and in accordance with law within a period of twelve weeks' from the date of receipt of a copy of this order.
7.With the above direction, this writ petition stands disposed of. No costs.
abr Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To 1.The Principal Secretary to Government, The State of Tamilnadu, Home (Pol.1A) Department, Secretariat, For St. George, Chennai-600 009.
2.The Director General of Police, Mylapore, Chennai-600 004.
3.M.Chandrasekaran, Additional Superintendent of Police, Headquarters, Kancheepuram.
+1cc to Mr.G.Muthukumar, Advocate, SR.No.85041 +1cc to Special Govt.Pleader, Vide Sr.No.85608 W.P.No.18466 of 2019 Kak(05/11/2019)