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Madras High CourtWP/22689/2019disposed of

G.Mohan Singh Joshua v. State Rep. By Director General Of Police,

2023-04-20Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.04.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN G.Mohan Singh Joshua ... Petitioner Vs.

State rep. By its Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004

...Respondent

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 11.10.2017 and 26.04.2018 to the respondent seeking for promotion with back wages, DCRG, on superannuation along with pensionary benefits, consequential attendant benefits etc., For Petitioner : Mr.G.Saravanakumar For Respondent : Mr.M.Shahjagan Special Government Pleader 1/5

O R D E R

The present Writ Petition has been filed for an issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 11.10.2017 and 26.04.2018 to the respondent seeking for promotion with back wages, DCRG, on superannuation along with pensionary benefits, consequential attendant benefits etc.,

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent and perused the documents placed on record.

3. According to the petitioner, he had rendered 37 years and 9 months of unblemished service in Tamilnadu Police right from 28.06.1980 and retired from service on 30.04.2018 on superannuation. After promotion as Assistant Commandant on 22.11.2013, even after morethan 5 years, the services in the said post have not been regularised till the year 2017 due to administrative delay. Due to the said delay though the petitioner was within the zone of consideration of the promotion for the panel of assistant commandant III, the said promotion was not considered. Though the 2/5

petitioner made representation on 11.10.2017 and 26.04.2018, the same was not considered and the petitioner retired from service on 30.04.2018. Seeking promotion with back wages, DCRG on superannuation along with pensionary benefits etc., the petitioner has come up with this petition.

4. The learned Special Government Pleader appearing for the respondent, on instructions from the officer of the respondent/Department submitted that eight weeks time may be granted to the respondent to consider the petitioner's representation dated 11.10.2017 and 26.04.2018. In the light of the above without expressing any opinion on the merits of the petitioner's representation dated 11.10.2017 and 26.04.2018, there shall be a direction to the respondent to consider and pass appropriate orders on representation of the petitioner dated 11.10.2017 and 26.04.2018 within period of eight weeks from the date of receipt of copy of this order. No costs.

20.04.2023 Index : Yes/No Internet : Yes/No Speaking order / non speaking order 3/5

ssd V.BHAVANI SUBBAROYAN, J., ssd To State rep. By its Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004 4/5

20.04.2023 5/5