Madras High CourtWP(MD)/10629/2019disposed of

Y.Hanifa, v. The Secretary To Government,

2019-04-27Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.10629 of 2019 Y.Hanifa .. Petitioner vs.

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

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Nagapattinam District, Nagapattinam.

... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to give notional promotion and retirement benefits in the light of G.O.Ms.No.844, Home Dept. dated 03.06.1997 and G.O.Ms.No.15 Home Dept. dated 07.01.2010 as per the petitioner's representation dated 30.12.2015.

For Petitioner : Mr.MA.Karunanithi For Respondents : Mr.CM.Mari Chellaiah Prabhu Additional Government Pleader

ORDER

Seeking a direction to the respondents to give notional promotion and retirement benefits in the light of G.O.Ms.No.844, Home Department dated 03.06.1997 and G.O.Ms.No.15 Home Department dated 07.01.2010, based on the petitioner's representation dated 30.12.2015, the petitioner is before this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that he served as a Head Constable and retired from service on 30.06.2004. Seeking to give notional promotion and retirement benefits in the light of G.O.Ms.No.844, Home Department dated 03.06.1997 and also in the light of G.O.Ms.No.15 Home Department dated 07.01.2010, he made a representation dated 30.12.2015 to the respondents. Since the same has not been considered so far, this writ petition has been filed.

4.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits and appropriate orders be passed by the respondents. 5.In view of the above submission, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 30.12.2015 and pass appropriate 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, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Nagapattinam District, Nagapattinam.

+1 CC to M/s.SPL GP ( SR-64002[F] dated 29/04/2019 ) mj W.P(MD) No.10629 of 2019 27.04.2019 KM/(22.05.2019) 3P 5C