Madras High CourtWP(MD)/3607/2025dismissed

Ramesh v. The Additional Chief Secretary To Government To The Government

2025-02-07Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Ramesh ... Petitioner Vs.

1.The Additional Chief Secretary to Government to the Government, Home Department, Secretariat, Chennai 600 009 2.The Director General of Police Dr. Radhakrishnan Salai, Mylapore, Chennai 600 004 3.The Deputy Inspector General of Police Technical Services, Police Telecommunication Branch, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.05.2023 and 26.12.2024 for promotion to the one post of Deputy Commissioner of Police (Technical) created as per G.O. 1/5

(M.S)No.481, dated 10.11.2021 within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Vishnu For Respondent : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

This writ petition has been filed seeking a writ of Mandamus directing the respondents to consider the petitioner's representation, dated 14.05.2023 and 26.12.2024 for promotion to the post of Deputy Commissioner of Police (Technical) created as per G.O.(M.S)No.481, dated 10.11.2021 within a period that may be stipulated by this Court in the interest of justice.

2. The petitioner has been serving as ADSP (Technical) at Madurai. He recruited in the year 2000 for the post of DSP (Technical) and joined Police Department on 17.01.2001. At present, he has been working as Additional Superintendent of Police (Technical) Project with effect from 18.01.2011. As per the petitioner, he is entitled for consideration to include his name in the panel of Deputy Commissioner of Police (Technical) in Chennai City Police. Accordingly, he has submitted a representations to the respondents on 2/5

14.05.2023 and 26.12.2024 to consider him for promotion to the post of Deputy Commissioner of Police (Technical). Due to the inaction of the respondents in considering the petitioner's request, he filed this writ petition.

3. The learned Additional Government Pleader appearing for the respondents, on instructions, submits that the State Government vide G.O.(MS.)No.23, Home (Police-1) Department, dated 18.01.2023, issued notification recently as the post of Deputy Commissioner of Police (Technical) was created as per the statement of the Hon'ble Chief Minister and accordingly, the service rules to include that post in the Special Rules for the Tamil Nadu Police Service was amended. As per the notification issued in G.O(MS)No.23, dated 18.01.2023, the competent authority will take steps to notify the Stateway council and to take further action in the Stateway council. The learned Additional Government Pleader further contends that the writ petition is premature and accordingly, it is liable to be dismissed at present stage.

4. Considering the facts and circumstances of the case, in our considered view as rightly pointed by the learned Additional Government Pleader, this writ petition is premature and accordingly, it is dismissed. However, it is needless to 3/5

say that the respondents have to take steps to fill the post of Deputy Commissioner of Police (Technical) in accordance with law. No costs. 07.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

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BATTU DEVANAND , J.

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