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Madras High CourtWP/28343/2021disposed of

P.Sachithanandam v. The Secretary To Government

2023-01-25Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.01.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH, J.

P.Sachithanandam ... Petitioner Vs.

1.The Secretary to Government, Home (Police) Department, Chennai.

2.The Director General of Police, Law and Order, Chennai-600 004.

3.The Superintendent of Police, District Police Office, Tirupur District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein to promote the petitioner as Sub-Inspector of Police with effect from the year 2000 and grant all consequential service and monetary benefits in the light of the Government Orders passed in G.O.(D) No.1351 Home (Police VI) Department dated 12.11.2020 within a time frame.

For Petitioner :Mr.L.G.Sahadevan for M/s.Muthukrishnan For Respondents :Mr.P.Kumaresan Additional Advocate General, Assisted by Mr.Dinesh Rajkumar Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the 2nd respondent to promote the petitioner as a Sub Inspector of Police with effect from the year 2000 and grant all the benefits in the light of G.O.(D).No.1351 Home (Police VI) Department, dated 12.11.2020.

2. The case of the petitioner is that he was selected as a Grade II Police Constable on 25.05.1988 and thereafter promoted as a Grade I Police Constable in the year 1997 and was further promoted as Head Constable in the year 2004. The petitioner ultimately became Sub Inspector in the year 2005.

3. The petitioner had a grievance to the effect that there was an anomaly in the fixation of seniority and therefore he made a representation to the respondents to fix the seniority of the petitioner by taking into account his date of appointment as a Police Constable Grade II. Since the same was not considered, the petitioner approached this Court and filed W.P.No.342 of 2020

and the said Writ Petition was disposed of by this Court vide order dated 08.01.2020 by issuing necessary directions.

4. The directions issued by this Court was acted upon and the petitioner was given promotion with effect from the year 2005. Thereafter, the petitioner made yet another representation and sought for promotion as Sub Inspector of Police from the year 2000. This representation was made on the ground that his batch mates in the same rank got the seniority in the said post from the year 2000.

5. The representation made by the petitioner was considered and the Superintendent of Police, Tirupur District forward the same to the Superintendent of Police, Coimbatore District. Thereafter there was no progress and hence the petitioner filed this petition seeking appropriate direction.

6. Heard Mr.L.G.Sahadevan, the learned counsel appearing for the petitioner and Mr.P.Kumaresan, the learned Additional Advocate General appearing on behalf of the respondents.

7. Taking into consideration the limited relief sought for by the writ petitioner and without going into the merits of the case, there shall be a direction

to the 2nd respondent to consider the representation made by the petitioner seeking for fixing his seniority in the post of Sub Inspector of Police with effect from the year 2000, on its own merits and in accordance with law and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order. If any orders have already been passed by the 2nd respondent in this regard, the same shall be intimated to the petitioner immediately.

8. The petitioner is directed to make a fresh representation to the 2nd and 3rd respondents along with all the relevant documents and also a copy of this order.

9. This Writ Petition is disposed of with the above directions. No costs.

25.01.2023 kas / anu Index : Yes / No Internet : Yes /No Speaking / Non Speaking order

To 1.The Secretary to Government, Home (Police) Department, Chennai.

2.The Director General of Police, Law and Order, Chennai-600 004.

3.The Superintendent of Police, District Police Office, Tirupur District.

N.ANAND VENKATESH, J.

kas / anu 25.01.2023