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Madras High CourtWP/23505/2016disposed of

K.Gunasekaran (Hc 1261), v. The Government Of Tamil Nadu,

2016-07-11Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2016

CORAM

THE HON'BLE MR. JUSTICE B.RAJENDRAN WP.No.23505 of 2016 K.Gunasekaran .. Petitioner Vs.

1.The Government of Tamil Nadu rep. by its Secretary to Home Department Fort St.George Chennai-600 009.

2.The Director General of Police Kamarajar Salai Mylapore Chennai-600 004.

3.The Commissioner of Police Coimbatore City Coimbatore.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents 2 and 3 to revise and regularize the service seniority and give further promotion with monetary benefits equal to the post of Special Sub-Inspector of Police Rank to the petitioner on the basis of the petitioner's representation, dated 14.06.2016, and pass such further orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.A.Rajaram For Respondents:

Mr.A.Kumar Special Government Pleader

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 2 and 3 to revise and regularize the service seniority and give further promotion with monetary benefits equal to the post of Special Sub-

Inspector of Police Rank to the petitioner on the basis of the petitioner's representation, dated 14.06.2016,

3. The petitioner was appointed as Grade-II Police Constable, on 23.12.1985. While serving as Grade-II Police Constable, he was awarded with the 3(a) punishment, subsequently, the same was cancelled. Thereafter, he was promoted as Grade-I Police Constable and as Head Constable. The grievance of the petitioner is that promotion methods were not followed as per the Government Orders and hence, there was delay in getting promotions. Hence, he has made a representation to the respondents 2 and 3, on 14.06.2016, to give him further promotion equal to the rank of Special Sub-Inspector of Police, with monetary benefits, but, there was no response. Hence, the present Writ Petition has been filed seeking the relief stated supra.

4. Mr.A.Rajaram, the learned counsel for the petitioner would submit that the petitioner is restricting his prayer and he would be satisfied, if the respondents 2 and 3 are directed to consider the representation of the petitioner, dated 14.06.2016, and to pass appropriate orders.

5. Mr.A.Kumar, the learned Special Government Pleader, who took notice on behalf of the respondents, has got no serious objection in directing the respondents 2 and 3 to consider the representation of the petitioner, dated 14.06.2016 and to pass appropriate orders, on merits and in accordance with law.

6. Considering the above submission and also the fact that the petitioner has restricted his prayer, this Court, without going into the merits of the claim made by the petitioner, directs the respondents 2 and 3 to consider the representation of the petitioner, dated 14.06.2016, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Secretary to Home Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

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

3.The Commissioner of Police, Coimbatore City, Coimbatore.

W.P.No.23505 of 2016 MP[co] srg 23/07/2016