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Madras High CourtWP/39413/2024disposed of

K.Samidurai v. The Commissioner Of Police

2025-01-03Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN K.Samidurai ... Petitioner ..Vs..

1. The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, St.Thomas Mount, Chennai - 600 016.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, to direct the respondents to pay the arrear salary amount calculated as per the Pay Re-promotion Order dated 02.01.2013 in Rc.No.PR-S(2)/342/47102/2012, SZO No.01/2013 passed by the respondent No.2 within a time frame fixed by this Court by considering the petitioner's representation dated 22.07.2023. For Petitioner : Mr.B.M.Subash For Respondents : Mr. Yogesh Kannadasan, Special Government Pleader 1/5

ORDER

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

2. The Writ Petition has been filed to direct the respondents to pay the arrears salary amount calculated as per the Pay Re-promotion Order dated 02.01.2013 in Rc.No.PR-S(2)/342/47102/2012, SZO No.01/2013, passed by the second respondent, within a time frame fixed by this Court, by considering the petitioner's representation dated 22.07.2023.

3. The petitioner, who retired as a Special Sub-Inspector of Police on 30.04.2016, served in the Tamil Nadu Police Department since 06.03.1979. During his tenure, he faced disciplinary action in 2011, leading to a temporary pay reduction, which was later modified to a onestage reduction for one year. Despite a pay re-promotion order dated 02.01.2013, revising the petitioner's salary from 07.06.2012, his pay remained unrevised. After his transfer and promotion, the petitioner's 2/5

salary was incorrectly fixed at the Head Constable level. Therefore, the petitioner made a representation dated 22.07.2023 to the first respondent, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned Special Government Pleader appearing for the respondents submitted that the first respondent will consider the representation of the petitioner, dated 22.07.2023, in accordance with law, within a time frame fixed by this Court.

6. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the first respondent directed to consider the representation dated 22.07.2023 made by the petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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7. With the above direction, this Writ Petition is disposed of. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No kv To

1. The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, St.Thomas Mount, Chennai - 600 016.

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V.BHAVANI SUBBAROYAN,J.

kv 03.01.2025 5/5