D.Seeralan v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Seeralan S/o.Dharmalingam

...Petitioner

Vs 1.

Government of Tamil Nadu Rep. by Additional Chief Secretary to Government Home (Police) Department Secretariat, Chennai-600 009.

2.

The Director General of Police Chennai-600 004.

Tamil Nadu.

3.

The Superintendent of Police Tiruppur District.

Tiruppur.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to consider the claim of the petitioner for revising the seniority of the petitioner in the post of Police Constable Grade II as on 01.11.1995 and pass appropriate orders therein within a time frame in the light of the representation dated 31.05.2023.

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For Petitioner :

Mr.M.Ravi For Respondents :

Mr.M.Bindran Additional Government Pleader

O R D E R

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a mandamus to direct the first respondent herein to consider the claim of the petitioner for revising the seniority of the petitioner in the post of Police Constable Grade II as on 01.11.1995 and pass appropriate orders in the light of the representation dated 31.05.2023.

3. Through a representation made on 31.05.2023, the petitioner seeks for revising and refixing of his seniority in the post of Police Constable Grade II as on 01.11.1995. Since the representation was not considered within a reasonable time, he has filed the present writ petition.

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4. At the outset, it requires to mention that the writ petition is liable to be dismissed on the ground of laches. Seeking for revision of a seniority list which was issued way back in the year 1995, which is almost 28 years back, would be impermissible at this point of time, since the seniority list would have already been acted upon and promotion orders would have also been given on the basis of that seniority. If any revision is now sought to be made, it would adversely affect the orders of promotion which may have been issued, based on the seniority list issued in the year 1995. Thus, I do not find any reason as to why the respondent should be directed to consider the petitioner's representation in this regard.

Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

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mk To 1.

Government of Tamil Nadu Rep. by Additional Chief Secretary to Government Home (Police) Department Secretariat, Chennai-600 009.

2.

The Director General of Police Chennai-600 004.

Tamil Nadu.

3.

The Superintendent of Police Tiruppur District.

Tiruppur.

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M.S.RAMESH,J.

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