C.Vino Jeyakumar (Si Cadet No. 76) v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.34384 OF 2019 C.Vino Jeyakumar

...Petitioner

Vs.

1. The State of Tamil Nadu, Rep. By Secretary to Government, Home (Police III) Department, Fort St.George, Chennai - 9.

2. The Director General of Police, Office of DGP, Post Box No. 601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Superintendent of Police, Tamilnadu Police Academy, Oonamancheri, Vandalur, Chennai - 600 127.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to rectify the pay anomaly by paying the differential loss amount from last drawn salary of petitioner as Head Constable and pay drawn as Sub-Inspector of Police as personal pay and grant consequential allowances and benefits and arrears making up the monetary loss by way of pay protection considering the representations of the petitioner dated 30.06.2018 and 18.05.2019 within the time frame. For Petitioner : Mr.Edwin Prabakar. A For Respondents : Mr.P.S.Sivashanmugasundaram, Special Government Pleader.

O R D E R

This writ petition has been filed for the issuance of Writ of Mandamus directing the respondents to rectify the pay anomaly and to pay the benefits and all other allowance.

2. It is seen from records that the petitioner joined the Police service as a constable in the year 1995. He was promoted as a Head Constable in the year 2010. According to the petitioner, there were pay anomalies and representations were made by similarly placed persons to rectify the pay anomaly and to give the monetary benefits. Similarly placed persons approached this Court and sought for a direction to the respondents to consider the representation and pass orders. This Court also passed orders on 20.11.2019 directing the respondents to consider the representation of the petitioner within a time frame. This writ petition has been filed seeking for the same relief.

3. Heard Mr.Edwin Prabakar. A, learned counsel appearing for the petitioner and Mr.P.S.Sivashanmugasundaram, learned counsel appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and also the fact that this Court has already passed an order in a batch of writ petitions on 20.11.2019 and considering the limited relief that has been sought for, there shall be a direction to the first respondent to consider the representation made by the petitioner on 30.06.2018 and 18.05.2019 and pass orders on its own merits and in accordance with law within a period of six(6) weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed off with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kkn To:-

1. The Secretary to Government, Home (Police III) Department, Fort St.George, Chennai - 9.

2. The Director General of Police, Office of DGP, Post Box No. 601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Superintendent of Police, Tamilnadu Police Academy, Oonamancheri, Vandalur, Chennai - 600 127.

+1cc to Mr.Edwin Prabakar.A Advocate, S.R.No.103358 +1cc to the Government Pleader, S.R.No.103650 W.P.No. 34384 of 2019 NRL(CO) CS/17/12/2019