R.Murugesh v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR R.Murugesh
...Petitioner
Vs.
1. The Director General of Police, Office of the Director General of Police, Mylapore, Chennai 600 004.
2. The Additional Director General of Police, Office of the Additional Director General of Police, Armed Police, Chennai 600 010.
3. The Commandant, TSP I Battalion, Trichy 620 012.
4. Home Secretary to Government, Fort Chennai, (Police I).
...Respondents
Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the first respondent to consider the request for promotion for the post of Assistant Commandant made by the petitioner by his representation dated 29.03.2023. 1/5
For Petitioner : Mr.K.Thilageswaran For Respondents : Mr.P.Baladhandayutham, Spl.G.P.
ORDER
This Writ Petition has been filed seeking direction to the first respondent to consider the petitioner's representation dated 29.03.2023 and grant promotion to the post of Assistant Commandant.
2. It is the case of the petitioner that he was appointed as II grade constable in Tamil Nadu Special Police (General Line) on 01.08.1984 and working in the general line till 1990. Considering his efficiency of service and educational qualification, the third respondent transferred him to a Specialist Category of Signal Group. Subsequently, he got various promotions and on 14.11.2022, he was promoted as Inspector of Police in the said service.
3. As per G.O.Ms.No.734, dated 08.11.2011, the Inspector of Police, who are serving in Specialist category like signal group, requires five years service in the general line to be promoted as Assistant Commandant. Therefore, the petitioner made representations dated 09.09.2017 and 18.06.2018 to switch over to general line to enable him 2/5
to get promoted as Assistant Commandant. However, his request was rejected in the year 2020 by citing his superannuation in the month of June 2023.
4. The learned counsel for the petitioner submitted that the said condition of 5 years service in general line has been relaxed to number of candidates and promoted them as Assistant Commandant. Therefore, the petitioner also made a representation dated 29.03.2023 seeking relaxing of the said condition and to promote him as Assistant Commandant.
5. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner will be considered by the respondents on merits and in accordance with law.
6. Considering the facts of the case and the limited scope of the prayer sought for in this Writ Petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 29.03.2023 and pass appropriate orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
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7. With the above direction, the Writ Petition is disposed of. No costs.
07.07.2023 Index : Yes/No pvs To
1. The Director General of Police, Office of the Director General of Police, Mylapore, Chennai 600 004.
2. The Additional Director General of Police, Office of the Additional Director General of Police, Armed Police, Chennai 600 010.
3. The Commandant, TSP I Battalion, Trichy 620 012.
4. Home Secretary to Government, Fort Chennai, (Police I).
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N.SATHISH KUMAR .J., pvs 07.07.2023 5/5