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Madras High CourtWP/28313/2019disposed of

N.Jayanthi v. The Director General Of Police

2019-09-26Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.09.2019

CORAM

THE HON'BLE Mr.JUSTICE M.DHANDAPANI W.P.No.28313 of 2019 N.Jayanthi ... Petitioner

Versus

1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

2. The Additional Director General of Police, (Administration), Kamarajar Salai, Mylapore, Chennai - 600 004.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or such other form of writ, order or direction in the nature of a writ directing the respondents to give notional promotion to the petitioner to the post of Inspector of Police (Taluk) by taking note of the list prepared for promotion in RC.No.E-103456/NGB-I (1)/2019 dated 13.05.2019 issued by the 1st respondent, to enable the petitioner to get pensionary benefits by considering the petitioner's representation dated 22.08.2019. For Petitioner : Mr.N.Manoharan For Respondents : Mrs.M.Lalita Government Advocate O R D E R This Writ Petition is filed by the petitioner seeking to direct the respondents to give notional promotion to the petitioner to the post of Inspector of Police (Taluk) by taking note of the list prepared for promotion in RC.No.E-103456/NGB-I (1)/2019 dated 13.05.2019 issued by the 1st respondent, to enable the petitioner to get pensionary benefits by considering the petitioner's representation dated 22.08.2019.

2. The case of the petitioner is that the petitioner was directly appointed to the post of Grade I Police Constable (Women) on 30.03.1981. After 15 years of service, she was promoted to the post of Head Constable in the year 1996. She was further promoted to the post of Sub Inspector of Police and got retired after attaining the age of superannuation on 31.07.2019. Nearly after 2 1⁄2 months, the first respondent issued a C list of Sub Inspectors (Tk) who are fit for promotion as Inspectors of Police vide proceedings Rc.No.12667/NGB-I(1)/2019 dated 30.07.2019. It is the contention of the petitioner that the said promotion and posting orders to the Sub Inspectors (Taluk) who are fit for promotion to the post of Inspector of Police was drawn on 13.05.2019 but, it was issued only on 13.08.2019.

Therefore, the petitioner could not able to get her promotion to the said post. Hence the petitioner submitted her representation to the respondents on 22.08.2019 consider her grievance by giving notional promotion to the post of Inspector of Police. However, till date, the representation was not considered. Hence the present writ petition.

3. Learned counsel for the petitioner, would submit that without going into the merits of the case, it would suffice, if this Court issue directions to the respondents to consider the representation made by the petitioner, in accordance with law and to pass appropriate orders, therein.

4. Considering the facts and circumstances of the case and since the representation made by the petitioner dated 13.05.2019 is still pending with the respondents, the respondents are directed to consider and dispose of the same by passing appropriate orders in accordance with law and on merits within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

To

1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

2. The Additional Director General of Police, (Administration), Kamarajar Salai, Mylapore, Chennai - 600 004.

+1cc to the Government Pleader Sr.83203 W.P.No.28313 of 2019 BS(CO) srg 25/11/2019