G.R. Srinivasan, v. Director General Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39706 of 2015 G.R.Srinivasan ... Petitioner Vs.

1.Director General of Police Tamil Nadu, Chennai-4.

2.The Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram.

3.The Superintendent of Police, Kancheepuram District, Kancheepuram ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to advance petitioner date of promotion as Grade-I Police constable, Head Constable and Special Sub Inspector of Police to the date of actual completion of 10/5years of service as per GO.Ms.844 dated 03.06.1997, GO.Ms.937 dated 21.07.1998 and GO.Ms.15 dated 07.01.2010 and fix his pay in the scale of pay applicable to Special Sub Inspector of Police in the upgraded post of Special Sub Inspector of Police on completion of 25years of service 01.02.2000 and step up his pension benefits.

For Petitioner : Mr.N.Krishnakumar For respondents : Mr.M.E.Raniselvam, Additional Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The case of the petitioner is that he was appointed as Grade II Police Constable on 15.01.1975, thereafter he was

promoted as Grade-I police constable on 11.05.1993 and as Head constable on 25.01.1998 and he was retired from service on 30.07.2007.

3.The learned counsel for the petitioner would state that the Government issued GO.Ms.No.937 dated 21.07.1998 and as per the GO the constables who are working in the police department for 25years they are entitled for promotion to the post of Special Sub Inspector. Since, the benefit of the said GO was not extended to the petitioner, he sent a representation to the respondents on 28.10.2013.

Thereafter, the first respondent forwarded the representation to the third respondent calling for remarks, who inturn submitted his proposal on 21.08.2014. Due to delay he also sent a reminder dated 21.08.2015. Since, no orders was passed, the petitioner filed the present writ petition.

4.Heard the submissions of Mr.N.Krishnakumar, learned counsel appearing for the petitioner and M/s.M.E.Raniselvan, Additional Government pleader who accepts notice on behalf of the respondents.

5.Though the petitioner prayed for larger relief, this Court, taking into consideration the facts and circumstances of the case and without going into the merits of the same, directs the first respondent to consider the representation of the petitioner dated 28.102013 and reminder dated 21.08.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tsh To 1.The Director General of Police, Mylapore, Tamil Nadu, Chennai-4.

2.The Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram.

3.The Superintendent of Police, Kancheepuram District, Kancheepuram.

+1cc to the Government Pleader, S.R.No.68270 W.P.No.39706 of 2015 EV(CO) CA(11/01/2016)