K.Thangaiyan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH K.Thangaiyan

...Petitioner

-Vs1.State of Tamil Nadu, Rep. by its Secretary to Government, Home (Police) Department, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Chennai - 600 004.

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

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to fix the basic pay of the petitioner herein on par with the basic pay fixed for the police personnels transferred from the Tamil Nadu Special Police Establishment to the Coimbatore City Police, by stepping up the basic pay of the petitioner herein.

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For Petitioner : Mr.M.Sivavarthanan For Respondents : Mr.G.Velu Additional Government Pleader

ORDER

The limited prayer sought for in the present Writ Petition is for a direction to the respondents to fix the basic pay of the petitioner herein on par with the basic pay fixed for the police personnels transferred from the Tamil Nadu Special Police Establishment to the Coimbatore City Police, by stepping up the basic pay of the petitioner.

2. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the petitioner is granted liberty to give a fresh representation to the respondents ventilating their grievances, with a consequential direction to the respondents to consider it within a stipulated time, the ends of justice could be secured.

3. In the light of the above observation, the petitioner is granted liberty 2/5

to give a fresh representation to the respondents herein, ventilating his grievance and on receipt of the same, the respondents shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner herein and it is open to the respondents to consider it on its own merits.

4. With the above direction, this Writ Petition stands disposed of. No costs.

31.10.2022 Index:Yes/No Internet:Yes/No hvk To 1.The Secretary to Government, Home (Police) Department, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Chennai - 600 004.

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

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M.S.RAMESH,J.

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