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Madras High CourtWP/19657/2023disposed of

C.Ravikumar v. The Secretary To Government,

2023-07-03Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.19657 of 2023 C.Ravikumar ... Petitioner Vs

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

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

3. The Commissioner of Police, Egmore, Chennai - 600 008.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 14.03.2023, to revise his seniority on the basis of initial recruitment as held by this Court in W.P.No.25043 of 2002 on 18.09.2007 and as implemented in G.O.Ms.No.1623 [Home] Pol-V] Department dated 12.12.2008. For Petitioner : Ms.K.P.Indira 1/5

For Respondents : Mr.Veda Bhagath Singh Special Government Pleader

ORDER

This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 14.03.2023 and to revise his seniority on the basis of initial recruitment as held by this Court in W.P.No.25043 of 2002 on 18.09.2007 and as implemented in G.O.Ms.No.1623 [Home] Pol-V] Department dated 12.12.2008.

2. It is the grievance of the petitioner that he has retired as a Sub Inspector on attaining Superannuation on 31.10.2022. The petitioner has given representation to the respondents to revise his seniority on the basis of his initial recruitment as per the Orders of this Court in W.P.No.25043 of 2002 dated 18.09.2007 and the same has not been considered by the respondents. Hence, seeks a direction to the respondents to refix his seniority on par with similarly situated persons. 2/5

3. Heard both sides and perused the entire materials available on record.

4. This Court in W.P.No.16145 of 2010 by its Order dated 26.07.2010 has categorically held that non consideration of the request of the persons merely on the ground that they have not gone to Court and obtained Orders may not be a proper method of considering their cases and directed similarly persons should be extended similar benefits without driving them to go to Court. Despite the above directions, it appears that the representation of the petitioner is not considered by the respondents.

5. In such view of the matter, the respondents are directed to consider the representation of the petitioner and pass appropriate Orders considering the earlier implementations pursuant to the direction of this Court within a period of two months from the date of receipt of a copy of this Order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

03.07.2023 Index:Yes/No vrc To,

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

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

3. The Commissioner of Police, Egmore, Chennai - 600 008.

4/5

N.SATHISH KUMAR, J.

vrc WP.No.19657 of 2023 03.07.2023 5/5