← Library
Madras High CourtWP/44618/2016disposed of

P.Gaickward, v. The State Rep By

2017-01-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44618/2016 & WMP.No.38411/2016 P.Gaickward ..Petitioner Vs 1.The State rep.by The Director General of Police, Tamil Nadu, Kamarajar Salai, Kailasapuram, Mylapore, Chennai - 600 005.

2.The Deputy Inspector General of Police, Salem Range, Salem.

3.The Commissioner of Police, Salem City, Salem.

..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to give promotion to the petitioner as Sub-Inspector of Police and confer suitable rank in the promotion posting order dated 14.07.2016 and provide all consequential benefits with effect the date of promotion given to his junior with all attendant and monetary benefits pursuant to the petitioner's representation dated 05.03.2016. For Petitioner :

Mr.R.Thirumoorthy For Respondents:

Mr.K.Dhananjayan, Special Govt. Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents.

2. The petitioner would state that he entered the services in the Police Department as a Police Constable on 23.12.1985 and in the year 1997, he was given promotion as Grade -I Police vide proceedings dated 01.09.1997 and subsequently got promotion as Head Constable. He was given promotion from Head Constable to Special Sub-Inspector of

Police on 05.01.2011 and at present he is discharging his duties at Vazhappadi Police Station in Salem District.

3. The grievance now expressed by the petitioner is that he has to be given nine weeks of promotional training and however proceedings of the second respondent dated 04.02.2016 would disclose that his name has not been including in the training panel though his Junior name has been sponsored for such a training. In this regard, the petitioner has immediately submitted a representation on 05.03.2016 through proper channel for imparting training and also for promotion to the post of Sub-Inspector of Police. Since it has not been considered so far, the petitioner came forward to file the present writ petition.

4. The learned counsel for the petitioner would submit that in the light of the communication dated 05.01.2011 promoting the petitioner as a Special Sub-Inspector of Police, there shall not be any impediment to impart training and therefore prays for appropriate orders.

4. This Court heard the submissions of Mr.K.Dhananjayan, learned learned Special Government Pleader appearing for the respondents.

5. Though the petitioner has prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, permits the petitioner to submit one more representation through proper channel to the third respondent, within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the 3rd respondent is directed to forward the same to the 2nd respondent within a period of one week thereafter. The 2nd respondent, on receipt of the same, is directed to pass appropriate orders on merits and in accordance with law, by taking note of the proceedings in D.O.No.13/2011 Rc.No.A1/25425/2010 dated 05.01.2011 by the District Police Office, Krishnagiri, within a further period of two (2) weeks and communicate the decision taken, to the petitioner.

6. The writ petition stands disposed of with the above direction.

No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rgr

To 1.The Director General of Police, Tamil Nadu, Kamarajar Salai, Kailasapuram, Mylapore, Chennai - 600 005.

2.The Deputy Inspector General of Police, Salem Range, Salem.

3.The Commissioner of Police, Salem City, Salem.

4. The District Police Office, Krishnagiri.

+ 1 cc to Mr.R. Thirumoorthy, Advocate Sr.1062 + 1 cc to Government Pleader Sr.765 W.P.No.44618 of 2016 RSY(CO) Eu 10.1.17