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Madras High CourtWP/29599/2019disposed of

K.Anandan v. The Director General Of Police,

2019-10-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.29599 of 2019 K.Anandan .. Petitioner -vs1.The Director General of Police, Tamilnadu, Dr.Radharkishnan Salai, Mylapore, Chennai-4.

2.The Inspector General of Police, (West Zone), Coimbatore-18.

3.The Deputy Inspector General of Police, Coimbatore Range, Coimbatore-18.

4.The Superintendent of Police, Coimbatore (Rural) District, Coimbatore.

5.Tr.Ranjithkumar 6.Tr.P.Sivakumar .. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the official respondents 1 to 4 to consider the claim of the petitioner for inclusion of his name in the C list of Head Constables (Armoury) fit for promotion as Reserve Sub-Inspector (Armoury) in the panel year 2019 by taking into consideration the date of completion of Training as Armourer, in preference to the respondents 5 & 6 and promote the petitioner as Reserve SubInspector (Armoury) and grant all consequential service and monetary benefits.

For Petitioner :

Mr.M.Muthappan For RR1 to 4 :

M/s.G.Lalitha, Government Advocate

O R D E R

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

2.The case of the petitioner is that the petitioner participated in the process of selection conducted by the Tamil Nadu Uniformed Service Recruitment Board for the year 1992-1993 for appointment to the post of Gr-II Police Constable. However, the petitioner was not appointed as Police Constable and after prolonged representations only he was appointed as Grade-II Police Constable in the year 2000. Similarly the sixth respondent was also appointed as Gr-II Police Constable in the same year. The petitioner was sent for institutional training at Police Recruitment School, Tuticorin and thereafter posted to serve in the TSP IV Battalion, Kovaiputhur, Coimbatore. The fifth respondent was also appointed as Gr-II Police Constable in the year 2003.

After service for a period of more than four years, the petitioner was transferred to District Armed Reserve, Coimbatore(Rural) District. The petitioner while serving in the Armed Reserve opted to serve in the Armoury Wing of the Armed Reserve for which he was undergone training at Regimental Centre, Avadi and thereafter in the year 2007, the petitioner was absorbed in the Armoury Wing as Gr-II Police Constable in the existing vacancy. While being so, the sixth respondent was absorbed in the Armoury Wing in the year 2008 and in the year 2013 the fifth respondent was absorbed in the Armoury Wing. The petitioner was further upgraded as Head Constable in the year 2015.

The petitioner's claim for promotion by including his name in the C List of Head Constables fit for promotion as Reserve Sub-Inspector (Armoury) for the year 2016 has not been considered at all on the ground that he was under probation. The claim of the petitioner was overlooked in the subsequent panels 2017 and 2018 based on the same reason. Therefore, the petitioner made a representation dated 11.01.2019, but the same has not been considered so far. Hence, the petitioner has filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents 1 to 4 to consider the representation of the petitioner dated 11.01.2019 and pass orders, within a stipulated time fixed by this Court.

5.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents 1 to 4 to consider the petitioner's representation dated 11.01.2019 and pass orders on merits and in

accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar Lok To 1.The Director General of Police, Tamilnadu, Dr.Radharkishnan Salai, Mylapore, Chennai-4.

2.The Inspector General of Police, (West Zone), Coimbatore-18.

3.The Deputy Inspector General of Police, Coimbatore Ragne, Coimbatore-18.

4.The Superintendent of Police, Coimbatore (Rural) District, Coimbatore.

+1cc to Mr.M.Muthappan, Advocate, S.R.No. 87230 +1cc to the Government Pleader, S.R.No.87348 W.P.No.29599 of 2019 SVI(CO) GN(20/11/2019)