J.Mahimainathan v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA J. Mahimainathan .... Petitioner vs.

1. The Principal Secretary to Government, Home Department, Fort. St. George, Chennai - 600 009.

2. The Director General of Police, Head of Police Force, Tamil Nadu, Chennai - 600 004.

3. The Superintendent of Police, District Police Office, Dharmapuri.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondent herein to consider and pass orders on merits and in accordance with law on the petitioner's representation dated 21.02.2022 regarding grant of notional promotion to the post of Inspector of Police on par with his batch-mates, on account of cancellation of the suspension order and the consequential treatment of the period of out of employment as duty for all purposes in the light of G.O. Ms. No.389 Home (Police 2) Department dated 04.08.2025, within a time frame. 1/5

For petitioner : Mr.G. Bala For respondents : Mr. Yogesh Kannadasan Special Govt. Pleader

ORDER

Mr. Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents.

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

2. The relief sought in this writ petition is a direction to consider the petitioner's representation dated 21.02.2022 regarding grant of notional promotion to the post of Inspector of Police on a par with his batchmates, on account of cancellation of the suspension order and consequently treat the suspension period /out of employment as duty period for all purposes in the light of G.O. Ms. No.389 Home (Police 2) Department dated 04.08.2025, within a time frame to be fixed by this Court.

3. The grievance of the petitioner is that, having been acquitted in the criminal case as well as exonerated in the disciplinary proceedings, he is entitled to notional promotion on a par with his batchmates. It is also his claim that the period of suspension has to be treated as duty period. Ventilating the said grievances, the petitioner submitted a representation to the respondents on 2/5

21.02.2022, which, however, did not evoke any response. Hence, he has approached this Court by way of the present writ petition.

4. Learned Special Government Pleader appearing for the respondents would submit that the petitioner has not made any effective representation to the respondents and proof to that effect was also not furnished. Hence, appropriate directions may be issued to the petitioner to submit a copy of the representation dated 21.02.2022 to the 2nd respondent and on the petitioner doing so, the same will be considered by the respondents.

5. Heard the learned counsel on either side and perused the materials placed on record.

6. In view of the limited relief sought in this writ petition, this Court, without expressing any opinion on the merits of the case, directs the petitioner to submit a copy of the representation dated 21.02.2022 to the 2nd respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the 2nd respondent shall consider the same and pass appropriate orders on merits and in accordance with law, in the light of G.O.Ms.No.389, Home (Police 2) Department, dated 04.08.2025, within a period of eight weeks.

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7. With the above directions, this writ petition stands disposed of. No costs.

18.09.2025 Index : Yes / No Speaking/Non-speaking order vsi2 To

1. The Principal Secretary to Government, Home Department, Fort. St. George, Chennai - 600 009.

2. The Director General of Police, Head of Police Force, Tamil Nadu, Chennai - 600 004.

3. The Superintendent of Police, District Police Office, Dharmapuri.

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A.D. JAGADISH CHANDIRA, J.

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