K.Govindasamy v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36592 of 2024 K. Govindasamy .. Petitioner
Versus
1. The Director General of Police, Head of Police Force, Tamil Nadu, Chennai - 600 004.
2. The Deputy Inspector General of Police, Salem Range, Salem.
3. The Deputy Inspector General of Police, Vellore Range, Vellore.
4. The Superintendent of Police, Thirupathur District, Thirupathur.
...Respondents
Prayer: This petition is filed under article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondents herein to forthwith regularise the services of the petitioner and give promotion to the post of Deputy Superintendent of Police from 28.08.2019 with all service and monetary benefits to the petitioner on par 1/6
with my immediate junior Mr.S.Ramesh by considering his representation dated 24.10.2024 in the light of the Judgment of this Hon'ble Court, dated 25.03.2021 in W.P.No.11377 of 2012 etc., batch and pass orders. For Petitioner : Mr.T. Panchatsaram For Respondent : Mr.Stlin Abhimanyu Additional Government Pleader
ORDER
By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.
2. This writ petition is filed seeking to issue a Writ of Mandamus directing the first respondents herein to forthwith regularise the services of the petitioner and give promotion to the post of Deputy Superintendent of Police from 28.08.2019 with all service and monetary benefits to the petitioner on par with my immediate junior Mr.S.Ramesh by considering his representation dated 24.10.2024 in the light of the Judgment of this Hon'ble Court, dated 25.03.2021 in W.P.No.11377 of 2012 etc., batch and pass orders.
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3. The case of the petitioner is that he is working as sub Inspector of Police and a criminal complaint was lodged against him. Pursuant to which Final report was filed and a case was registered in C.C.No.59 of 2004 before the learned Judicial Magistrate, Salem. Thereafter, the second respondent issued charge memo to the petitioner and other persons who have involved in the offence. Due to which the petitioner filed W.P.No.11377 of 2012 and the other persons also filed W.P.Nos.11376,11266,12267,12268,12269,12271,12627 & 12630 of 2012 before this Court and the writ petitions were disposed of vide common order dated 25.03.
2021 and directed that the persons whose service period was completed shall be permitted to retire and for other persons who are in service shall be reinstated and their promotional benefits shall also be on notional basis. However, the second respondent preferred Writ Appeal before this Court in W.A.No.1071,1099,1088,1074 and 1089 of 2022 etc., and W.A.No.
S.L.P. In S.L.P.(c) Nos.15883 - 15891 of 2022 and the same was dismissed. When things stood as the respondents are denying to grant continuity of service and promotional avenues. Due to which, the petitioner gave a representation to the respondents on 24.10.2024. However, there is no progress in the representation and the same is still pending. Hence, this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if a direction is given to the respondents to consider his representation dated 24.10.2024. and pass orders as early as possible.
5. The learned Additional Government Pleader appearing for the respondents would submit that they will consider the case of the petitioner in accordance with law and pass orders.
6. Heard both sides and perused the materials available on record.
7. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court directs the respondents to consider the petitioner's representation dated 24.10.2024 4/6
and pass orders on merits and in accordance with law within a period of Eight weeks from the date of receipt of a copy of this order.
8. With the aforesaid direction, this writ petition is disposed of. No order as to costs.
05.12.2024 Speaking order : Yes/No Index : Yes/No smn To
1. The Director General of Police, Head of Police Force, Tamil Nadu, Chennai - 600 004.
2. The Deputy Inspector General of Police, Salem Range, Salem.
3. The Deputy Inspector General of Police, Vellore Range, Vellore.
4. The Superintendent of Police, Thirupathur District, Thirupathur.
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V.BHAVANI SUBBAROYAN, J.
smn W.P.No.36592 of 2024 05.12.2024 6/6