Rajarajan v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.02.2016
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.3484 of 2016 Rajarajan .. Petitioner vs
1. The Principal Secretary to Government Home (Police 1 A) Department Fort St.George, Chennai-9.
2. The Director General of Police Dr.Radhakrishnan Salai Mylapore, Chennai-4.
3. The Secretary Tamil Nadu Public Service Commission Chennai-1.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to regularize the service of the petitioner and to grant consequential seniority in pursuance of G.O.Ms.No.1252 Home (Pol.VIII) Department dated 29.10.2004 in the light of the representation made by the petitioner dated 08.01.2016 based on the gallantry award presented by His Excellency the President of India for the courageous act of the petitioner within a reasonable time.
For Petitioner : Mr.K.Venkataramani Senior counsel for Mr.M.Muthappan For Respondent: Mr.A.Kumar Nos.1&2 Special Government Pleader
O R D E R
The petitioner, Rajarajan, who is serving as an Additional Superintendent of Police, Core Cell in Security Branch CID, Chennai-28 has filed the present writ petition seeking a limited prayer of issuing a mandamus directing the respondents to regularise his service and to grant consequential seniority in
pursuance of G.O.Ms.No.1252 Home (Pol.VIII) Department dated 29.10.2004 in the light of his representation submitted to the first respondent dated 08.01.2016.
2. The case of the petitioner is that while he was serving as an Inspector of Police, Special Task Force, he was given accelerated promotion based on his courageous performance to the post of Deputy Superintendent of Police and that he assumed office on 01.11.2004. He was also awarded the President's medal for gallantry vide Notification dated 28.11.2004. Therefore he is entitled to get seniority from the date on which he was promoted as Deputy Superintendent of Police, viz., 29.10.2004. Subsequently, the Government of Tamil Nadu vide its proceedings in G.O.Ms.No.1396, Home (Police 1) Department dated 30.10.
2007 had restricted the accelerated promotion to a particular stage and that the persons who got accelerated promotion will not get accelerated seniority and that they have to wait for their next turn as per the their actual seniority. It is the further case of the petitioner that three individuals who are also placed similar to that of the writ petitioner was given accelerated promotion. Since the petitioner is also similar such person, he submitted a representation before the first respondent dated 08.01.2016. Since the same has not been considered till date, the petitioner has come up before this Court with the aforesaid prayer.
3.
Heard Mr.K.Venkataramani, learned Senior counsel appearing for the petitioner and Mr.A.Kumar, learned Special Government Pleader, who took notice on behalf of the respondents.
4. Considering the limited prayer sought for by the petitioner, without going into the merits of the matter, this Court is inclined to direct the first respondent to consider the representation submitted by the petitioner dated 08.01.2016 and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order.
5. Accordingly, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vj2
To
1. The Principal Secretary to Government Home (Police 1 A) Department Fort St.George, Chennai-9.
2. The Director General of Police Dr.Radhakrishnan Salai Mylapore, Chennai-4.
3. The Secretary Tamil Nadu Public Service Commission Chennai-1.
+1 cc to Mr.Muthappan, Advocate, sr.8407 +2 ccs to Government Pleader, sr.8553, 8209 W.P.No.3484 of 2016 mg co kra 26.02.2016