← Library
Madras High CourtWP/4705/2015disposed of

S.Mohanraj, v. The Secretary To Government

2015-10-27Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.4705 of 2015 S.Mohanraj ... Petitioner Vs.

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

2. The Director General of Police Law & Order Mylapore, Chennai 4.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to refix the seniority based on the G.O.(Ms).No. 93 Home (Police-3) Department dated 06.02.2015 and considering the petitioner representation dated 11.02.2015 within a reasonable time. For Petitioner : Mr. S.Sivakumar For Respondents: Mr. S.Gunasekar Government Advocate

O R D E R

By consent, the Writ Petition is taken up for final disposal.

2. The petitioner would state that he is a directly recruited SubInspector of Police belonging to the year 1997-1998 batch and secured 75.8750 marks in the above said recruitment and he was sent for training in the second batch of training on 22.05.2000.

3. The petitioner would further state that the range wise selection was adopted for selection of the Sub-Inspectors of Police during the year 1997-1998 and consequently, 50% of top most rank holders in each zone were sent for training in the first batch on 16.05.1999 and remaining 50% were sent for training in the 2nd batch on 22.05.2000 for want of accommodation in respect of respective police training college.

4. The petitioner would state that the candidates who belong to BC category, secured lower marks than the petitioner and they have been inducted for training in the first batch of training on 16.05.1999 and they have wrongfully designated as senior by sending them in the first batch of training and consequently, their seniority were also fixed by taking into consideration of 75% of PTC marks and 25% of TNUSRB marks and whereas the seniority of the 2nd batch was fixed based on the PTC marks by not taken into consideration and hence, he is put to great hardship and difficulty.

5. The petitioner would further state that similarly place persons had approached this Court by filing Writ Petitions in W.P.No. 3955 of 2015 etc., batch and this Court by an order dated 26.03.2015 has directed the first respondent, viz., The Secretary to Government, Home (Police-3) Department, Fort St. George, Chennai -9, to consider and dispose of the representations submitted by the petitioners within a stipulated time frame in the light of G.O.(Ms).No. 93 of the very same Department dated 06.02.2015.

6. The grievance now expressed by the petitioner is that he is also similarly placed person like that of the petitioners in the above said writ petitions. He has also submitted a representation to the respondents 1 and 2 dated 11.02.2015 praying for redressal of her grievance. Since, no orders have been passed, he came forward to file this Writ Petition.

7. This Court heard the submissions of Mr. S.Sivakumar, learned counsel appearing for the petitioner and Mr. S.Gunasekar, learned Government Advocate, who accepts notice on behalf of the respondents.

8. This Court taking into consideration of the limited scope of prayer sought for by the petitioner and without going into the merits of the representation, directs the first respondent to consider and dispose of the petitioner's representation dated 11.02.2015 on merits and in accordance with law after taking note of G.O.(Ms).No. 93 Home (Police-3) Department dated 06.02.2015 and pass orders within a period of 8 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. vsg Sd/- Assistant Registrar (CS-V) /True Copy/ Sub-Assistant Registrar

To

1. The Secretary to Government of Tamilnadu Home (Police 3) Department Fort St. George Chennai - 600 009.

2. The Director General of Police Law & Order Mylapore, Chennai -600 004.

W.P.No.4705 of 2015 MSM(CO) sd : 06/11/2015