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Madras High CourtWP/26561/2022disposed of

Rajendran v. The Inspector General Of Police

2022-10-12Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Rajendran ...

Petitioner vs.

1. The Inspector General of Police, Santhome, Mylapore, Chennai - 600 004.

2. The Deputy Inspector General of Police, Salem Range, Salem.

3. The Superintendent of Police, Krishnagiri District.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to include the petitioner name for the Sub Inspector of Police (Local) training for the year 2022-2023 on the basis the petitioner's representation dated 10.09.2021 and 06.08.2022 and 08.08.2022.

For petitioner : Mr.R.Karunagaran For respondents : Mr.L.S.M. Hasan Fizal Additional Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

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2. Mr.L.S.M. Hasan Faizal, learned Additional Government Pleader accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus seeking for a direction to include the petitioner's name for the Sub Inspector of Police (Local) training for the year 2022-2023 based on the petitioner's representations dated 10.09.2021 06.08.2022 and 08.08.2022.

4. Heard Mr.R.Karunagaran, learned counsel for the petitioner and Mr.L.S.M. Hasan Fizal, learned Additional Government Pleader for the respondents.

5. The learned Additional Government Pleader appearing for the respondents has placed before this Court the unwillingness letter dated 28.05.2020 given by the petitioner to the respondents under which, the petitioner has stated his unwillingness to go for training which will enable him to get promotion.

6. The learned Additional Government Pleader has also placed before this Court the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and in particular, he referred to Section 57 and would submit that once a person has relinquished his rights to go for training, he has to wait for another period of three years from that date and 2/4

therefore, the petitioner's name has been rightly excluded in the promotional list as he has expressed his unwillingness to go for training.

7. The learned counsel for the petitioner after hearing the submissions of the learned Additional Government Pleader appearing for the respondents would now submit that the petitioner's right to go for training after a period of three years from 28.05.2020 should not be deprived by the respondents which will enable the petitioner to atleast get promotion in the year 2023. The said statement is recorded.

8. No prejudice would be caused to the respondents, if the petitioner's submission is accepted by this Court.

9. For the foregoing reasons, this Court directs the 2nd respondent to include the petitioner's name for Sub-Inspector of Police (Local) Training for the year 2023-2024 after the completion of three years period from 28.05.2020.

10.With the aforesaid directions, this writ petition is disposed of. No costs.

12.10.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 To :

1. The Inspector General of Police, Santhome, Mylapore, Chennai - 600 004.

2. The Deputy Inspector General of Police, Salem Range, Salem.

3. The Superintendent of Police, Krishnagiri District.

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