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Madras High CourtWP/8037/2016disposed of

Mrs.Anandalakshmi, v. State Of Tamil Nadu Rep. By

2016-03-03Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8037 of 2016

01. Mrs.Anandalakshmi

02. Mrs.K.Jamuna

03. Mrs.K.Rukmani

04. Mr.M.Selvam

05. Mrs.G.Annakodi

06. Mr.M.Subramanian

07. Mr.M.Saravanan

08. Mr.Paraninathan

09. Mr.Gopi

10. Mr.R.Ravi

11. Mr.Arulvadivazhagan ..Petitioners -Vs1. State of Tamil Nadu rep.by its Secretary (Home-III Police) Department The Secretariat, Chennai 600 009

2. The Director General of Police (L & O) Dr.Radhakrishnan Road Mylapore, Chennai 600 004 ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the case of the petitioners for granting conversion to them to category one (Law and Order) from their present category 2 / 3 by way of age relaxation along with their batch mates of the year 2008 as per the past practice and in the light of the G.O.Ms.No.312 dated 4.4.2003, G.O.Ms.No.397 dated 3.11.2014 and G.O.Ms.No.398 dated 3.11.2014.

For Petitioners :: Mr.K.Ravi Anantha Padmanaban For Respondents :: Mr.S.Gunasekaran Additional Government Pleader

ORDER

The petitioners seek for issuance of a writ of mandamus, directing the respondents to consider the case of the petitioners for granting conversion to them to category one (Law and Order) from their present category 2 / 3 by way of age

relaxation along with their batch mates of the year 2008 as per the past practice and in the light of the G.O.Ms.No.312 dated 4.4.2003, G.O.Ms.No.397 dated 3.11.2014 and G.O.Ms.No.398 dated 3.11.2014.

2. Heard Mr.K.Ravi Anantha Padmanabhan, learned counsel for the petitioners. Mr.S.Gunasekaran, learned Additional Government Pleader takes notice on behalf of the respondents.

3. In similar circumstances, the Hon'ble First Bench of this Court, by order dated 13.10.2015 in W.P.No.8982 of 2015 etc., directed the respondents to consider the representations of the petitioners therein with regard to their posting as Sub Inspectors of Police by way of transfer/conversion to category one together with age relaxation as applicable. In this context, it is useful to refer to the relevant paragraphs of the said order, which reads as follows:- "5. As far as the request for conversion by the petitioners is concerned, the same is pending consideration.

6. We are of the view that it is necessary to give a quietus to this issue by taking a decision within a time bound manner so that the petitioners know the fate of their representation. If the representation is accepted, nothing survives, but if it is rejected with reasons, that may give rise to further cause of action. We thus direct the respondents to consider the representation of the petitioners within a maximum period of six weeks from the date of receipt of this order. We may note that it makes no difference that the relevant rules having been framed or that according to the respondents it is a matter of posting, since it cannot be disputed that upto the year 2007, this practice has been followed by issuing G.Os, each time claiming to be a onetime measure.

7. On our query, learned Additional Advocate General states that the proposal will emanate from the second respondent and then the final decision will be taken by the first respondent.

8. The writ petitions are disposed of in the aforesaid terms, leaving the parties to bear their own costs. Consequently, connected miscellaneous petitions are closed."

4. Considering the facts and circumstances of the case, without going into the merits of the writ petition, the respondents are directed to consider the claim of the petitioners for conversion to category one (Law and Order) from their present category 2 (Armed Reserve) / 3 (TSP Battalion) by way of age relaxation along with their batch mates of the year 2008 as per the past practice, in the light of the order of the Hon'ble First Bench of this Court dated 13.10.2015 passed in W.P.Nos.8982 of 2015 etc., as well the G.O.Ms.No.312 dated 4.4.2003, G.O.Ms.No.397 dated 3.11.2014 and G.O.Ms.No.398 dated 3.11.2014, and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. ss Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Secretary to Government, (Home-III Police) Department, Secretariat, Chennai 600 009.

2. The Director General of Police (L & O) Dr.Radhakrishnan Road, Mylapore, Chennai 600 004.

+ 11 ccs to Mr.K.Ravi Anantha Padmanaban, Advocate Sr 13570 + 1 cc to The Govt.Pleader, Sr 14106 KR/11/3/16 W.P.No.8037 of 2016