John Kennedy.J v. The Director Generalof Police

W.P.(MD) No.1319 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1319 of 2021 J.John Kennedy

...Petitioner

Vs.

1.The Director General of Police, Chennai.

2.The Deputy Inspector General of Police, (Technical Services) Chennai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider refixation of petitioner salary on par with the petitioner above named junior Thethurasamy on the basis of the petitioner representation dated 07.08.2020 within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to refix the salary on par with his junior namely Thethurasamy was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 07.08.2020, which is still pending.

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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.1319 of 2021

4. In the light of the above observations, it would be appropriate to direct the respondents herein to consider the petitioner's representation dated 07.08.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the respondents to consider the petitioner's representation dated 07.08.2020, on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) cp NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Director General of Police, Chennai.

2.The Deputy Inspector General of Police, (Technical Services) Chennai.

+1 CC to SPL GP ( SR-2413[F] dated 29/01/2021 ) W.P.(MD) No.1319 of 2021 27.01.2021 VB (11.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2