N.Vijaya Chandran v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.37669 of 2016 N.Vijaya chandran ... Petitioner Vs.
1 The Director General of Police Mylapore, Chennai - 2.
2 The Superintendent of Police Tirunelveli District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing first respondent to consider the representation dated 27.09.2016 to refix the seniority by including the petitioner's name in the appropriate place in the select list for the year 1992-93 along with his batch mates recruited in the year 199293 in the case of similarly situated persons as done in W.P.No.41271 / 2006 batch cases dated 25.02.2011 and implemented in proceedings in D.O.No.208/2016 C.No.A3/9533/2015 dated 07.03.2016 and W.A.No. 211 of 2009 dated 21.04.2009 and award all consequential service benefits.
For Petitioner : Mr.M.S.Soundara Rajan For Respondents : Mr.K.Dhananjeyan Special Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing first respondent to consider the representation dated 27.09.2016 to refix the seniority by including the petitioner's name in the appropriate place in the select list for the year 1992-93 along with his batch mates recruited in the year 1992-93 in the case of similarly situated persons as done in W.P.No.41271 of 2006 batch cases dated 25.02.2011 and implemented in proceedings in D.O.No.208/2016 C.No.A3/9533/2015 dated 07.03.2016 and W.A.No. 211 of 2009 dated 21.04.2009 and award all consequential service benefits. 3.The petitioner would state that he appeared in the Police Constable Selection for the year 1992-93 and has passed all the tests and was also sent for medical examination.
He had submitted his finger print on 14.04.1993 as per memo no.24/1992 dated 09.04.1993. However, he was not issued with the order of appointment due to the adverse report sent by the local Police as he was falsely implicated in a criminal case by the Kalakadu Police Station in Cr.No.
two others, but the above said cases ended in acquittal vide order dated 30.09.1992 made in S.T.C.Nos.2125, 2126 and 2127 of 1992 well before police verification.
4.The petitioner would further state that he made representations to the authorities seeking appointment to the post of Police Constable along with other candidates selected for the year 1992-1993, as all the formalities were over as early as on 14.04.1993, but he did not receive any reply. Hence, he filed Original Application before the Tamil Nadu Administrative Tribunal in O.A.No.6566 of 1995. The Tribunal vide order dated 14.02.2001, allowed the Original Application. Thereafter, the petitioner was issued with the order of appointment dated 06.02.2002 and was sent for training at XI Battalion at Rajapalayam on 01.03.2002 and was posted to Tamil Nadu Special Police IX Battalion at Manimuthar and was subsequently transferred to AR Coimbattur Armed Reserve and the petitioner is at present posted at Ambasamuthram Police Station as Grade I Police Constable.
5.The petitioner would further state that since he was issued with the order of appointment during February, 2002 and his name was included in the 2002 batch of Police Constable, he had lost his
seniority for no fault of his. Hence, the petitioner made representation to the Commandant Rajapalayam, XI Battalion seeking to refix his seniority and the Commandant had forwarded the petitioner's representation to the first respondent and since there was no response, the petitioner sent a reminder to the first respondent on 27.09.2016. But the same have not been considered so far. Hence, this petition.
6.The learned counsel appearing for the petitioner would submit that this Court vide order dated 25.02.2011 has allowed the writ petitions filed by the similarly placed persons in W.P.Nos.41271 to 41273 of 2006 by placing reliance upon the judgment of the Hon'ble Division Bench of this Court dated 21.04.2009 made in W.A.No.211 of 2009 and further submitted that the said order has been implemented by the Superintendent of Police, Cuddalore District in D.O.208/2016 C.No.A3/9533/2015 dated 07.03.2016. 7.Heard the submissions of the learned counsel appearing for the petitioner and the learned Special Government Pleader who take notice for the respondents.
8.Considering the submissions made on either side and without going into the merits of the case, this Court directs the respondents to consider the representation of the petitioner dated 27.09.2016, on merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. 9.The writ petition is disposed of accordingly. No costs. 01.11.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Director General of Police Mylapore, Chennai - 2.
2 The Superintendent of Police Tirunelveli District.
R.SUBBIAH,J.
pri
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