R.Christabol Jeyanthy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2016

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA Writ Petition No.3890 of 2016 R.Christabol Jeyanthy .. Petitioner vs.

1. The Secretary to Government, Home (Police II) Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the claim of the petitioner for promotion as Woman Inspector of Police in the light of the representation made by the petitioner dated 30.11.2015 within a reasonable time.

For petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For respondents : Mr.A.Kumar Special Government Pleader

ORDER

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents.

2. By consent, this Writ Petition is taken up for disposal at the admission stage itself.

3. The case of the petitioner is that she was appointed as Grade II Women Police Constable by order of the Commissioner of Police, Chennai, dated 11.2.1981. Subsequently, by virtue of the order of the Government in G.O.Ms.No.2471 Home (Police II), dated 27.9.1982, the petitioner was upgraded as Women Police Grade I Constable from the date of her appointment. Thereafter, she was promoted as Head Constable in the year 1996 and Sub-Inspector of Police w.e.f. 08.10.2014.

4. The grievance of the petitioner is that in the case of Women Police Constables, there is no service rules for promotion to the post of Head Constable from the Post of Grade I Police Constable. However, at the whims and fancies of the officials, some of the women constables recruited along with the petitioner were promoted as Head Constables in the year 1986 itself and further promotions were given to them as Sub Inspector of Police in the year 1993, 1994 and 1995. They were also promoted as Women Inspector of Police in the year 2004 and some of them are serving as Deputy Superintendent of Police (Women). Since proper upgradation policy was not followed and the petitioner was not promoted as Inspector of Police in the year 2007, she made a detailed representation to the respondents on 30.11.2015. So far no order has been passed, hence the present Writ Petition.

5. Heard the submissions of Mr.M.Muthuppan, learned counsel appearing for the petitioner and Mr.A.Kumar, learned Special Government Pleader appearing for the respondents.

6. This Court, considering the submissions made by the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and considering the limited scope of prayer sought for by the petitioner, without going into the merits of case, directs the second respondent to consider the representation of the petitioner dated 30.11.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

7. The Writ Petition is disposed of accordingly. No costs.

asvm sd/- Assistant Registrar (Judicial) /True Copy/ Sub Assistant Registrar

To

1. The Secretary to Government, Home (Police II) Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

+1CC to Govt.pleader in SR.NO. 7220 +1CC to Mr.M.Muthappan Advocate in SR.NO. 6829 W.P.No.3890 of 2016 CO-RSY MLT 15/02/2016