M.Valarmathy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016 CORAM :

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.765 of 2016 M.Valarmathy ... 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 Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider and pass orders on the claim of the petitioner for promotion as Women 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.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, this writ petition is taken up for disposal at the admission stage itself.

2. 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 14.02.1981. Subsequently, by virtue of the order of the Government in G.O.Ms.No.2471 Home (Police II)

dated 27.09.1982, the petitioner was upgraded as Women Police Grade I Constable from the date of her appointment. Thereafter, she was upgraded as Head Constable in the year 1996 and promoted as Sub-Inspector of Police with effect from 12.10.2004.

3. The grievance of the petitioner is that in 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 detailed representation to the respondents on 30.11.2015. So far no order has been passed, hence the present writ petition.

4. Heard the submissions of Mr.K.Venkataramani, learned Senior Counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Govt. Pleader appearing for the respondents.

5. This Court, considering the submission made by the learned Senior Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and taking into considering the limited scope of prayer sought for by the petitioner and without going into the merits of the case, directs the 2nd 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 ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cla

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 Mr.M.Muthappan, Advocate, S.R.No.1660 +1cc to the Government Pleader, S.R.No.1779 W.P.No.765 of 2016 SKV(CO) CA(02/02/2016)