A.P.Krishnasamy v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA A.P.Krishnasamy ... Petitioner Vs.

1.The Principal Secretary to Government Home Department Fort St. George Chennai 600009 2.The Additional Director General of Police Crime Chennai 600 008 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to consider and pass orders on merits and in accordance with law on the petitioner's representation dated 27.05.2024 regarding grant of notional promotion to the post of Deputy Superintendent of Police on par with his batch mates, on account of treatment of the period of out of employment as duty for all purposes, within a time frame as deem fit and proper by this Court or to grant such further or other reliefs.

For Petitioner(s) : Mr.R.Kishore Kumar For Respondent(s) : Mr.Yogesh Kannadasan Special Government Pleader 1/4

ORDER

The Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents herein to consider and pass orders on merits and in accordance with law on the petitioner's representation dated 27.05.2024 regarding grant of notional promotion to the post of Deputy Superintendent of Police on par with his batch mates, on account of treatment of the period of out of employment as duty for all purposes, within a time frame.

2. Heard the learned counsel for the petitioner as well as the Special Government Pleader appearing for the respondents.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 2/4

5. In view of the above, this Court without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the 1st respondent to consider the representation of the petitioner dated 27.05.2024 filed with regard to grant of notional promotion to the post of Deputy Superintendent of Police on par with his batch mates, if not already disposed of and pass appropriate orders on its own merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs.

04.09.2025 kas Index: Yes / No A.D.JAGADISH CHANDIRA, J.

kas To.

1.The Principal Secretary to Government Home Department 3/4

Fort St. George Chennai 600009 2.The Additional Director General of Police Crime Chennai 600 008 04.09.2025 4/4