S.Duruvan v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2016 CORAM :
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40692 of 2015 S.Duruvan Inspector of Police, A.R.Force, St.Thomas Mount, Greater Chennai Police, Chennai - 600 016
...Petitioner
Vs The Director General of Police Tamilnadu, Chennai - 600 004
...Respondent
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to award proper marks for the Annual Confidential Reports and rewards secured by the petitioner in the Range Promotion Board conducted in the year 2000 and include the name of the petitioner in the 'C' List of Head Constables fit for promotion as Sub Inspectors of Police for the year 2000 and promote him as Sub Inspector of Police in the light of the representation made by the petitioner dated 29.11.2013 within a reasonable time.
For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondent : Mrs.M.E.Raniselvam, AGP
O R D E R
With the consent of both sides, the Writ Petition is taken up for final disposal.
2.This writ petition is filed for issuing direction to the respondent to award proper marks for the Annual Confidential Reports and rewards secured by the petitioner in the Range Promotion Board conducted in the year 2000 and include the name of the petitioner in the "C" list of Head Constables fit for promotion for the post of Sub Inspector of Police for the year 2000 and promote him to the post of Sub Inspector of Police in the light of the representation of the petitioner dated 29.11.2013. 3.The petitioner would state that he was directly recruited Grade II Police Constable in Vellore District Armed Reserve and he joined the service on 15.09.1980 and promoted as Sub Inspector of Police (AR) on 17.03.2005 and thereafter as promoted as Inspector of Police (AR) on 07.07.2014.
4.The grievance of the petitioner is that he was fully qualified for inclusion of his name in the "C" list of Head Constables fit for promotion as Sub Inspector of Police (AR) in the year 1993. However, no range promotion was conducted in the Tamil Nadu from the year 1985 to 1995. Only in the year 2000, the range promotion board was conducted. The petitioner was declared pass in the written test, physical efficiency test and viva voce, but his name was not included in the "C" list.
5.According to the petitioner, he was denied promotion on the ground that his Annual Confidential Records were missing. It is the claim of the petitioner, for the year 1993-1994, 1994-1995, 1995-1996 and 1996-1997 he was awarded with outstanding, very good and good. The petitioner also earned more than 105 rewards due to his dedicated service, which was not taken into consideration by the respondent. Eventually, he was selected in the year 2004. 6.The petitioner would further state that his batchmates are now serving as Assistant Commissioner of Police. But due to misplacement of Annual Confidential Records of the petitioner, his promotion was denied and therefore, he made representations to the respondent on several occasions i.e, on 22.07.2011, 09.03.2012, 21.12.2012 and 29.11.2013, so far no order has been passed.
Hence, the petitioner filed the present writ petition. 7.Heard the submissions of Mr.K.Venkataramani, Senior Counsel appearing for the petitioner and M/s.M.E.Raniselvam, Additional Government Pleader who accepts notice on behalf of the respondent. 8.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider the representation of the petitioner dated 29.11.2013 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. 9.The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst.
To The Director General of Police Tamilnadu, Chennai - 600 004.
+1cc to Mr.M.Muthappan Advocate Sr.222 +1cc to Government Pleader Sr.257 W.P.No.40692 of 2015.
GR(CO) RVR 27/01/2016