Madras High CourtWP(MD)/10736/2019disposed of

S.Kandasamy, S/O.Sankaran v. The Secretary To Government

2019-04-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10736 of 2019 S.Kandasamy ... 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, Chennai - 600 004.

3.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to give notional promotion and retirement benefits in the light of GO.Ms.No.844 Home Department, dated 03.06.1997 and GO.Ms.No.15 Home Department dated 07.01.2010 as per the petitioner's representation dated 20.05.2015. For Petitioner : Mr.MA.Karunanithi For Respondent : Mr.S.Angappan, Nos.1 to 3 Government Advocate

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to give notional promotion and retirement benefits in the light of GO.Ms.No.844 Home Department, dated 03.06.1997 and GO.Ms.No.15 Home Department dated 07.01.2010. 2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Though the prayer in this writ petition is larger in nature, the learned Counsel for the petitioner confined the prayer to the extent of seeking a direction to the respondents to consider the https://hcservices.ecourts.gov.in/hcservices/

petitioner's representation dated 20.05.2015, based on GO.Ms.No.844 Home Department, dated 03.06.1997 and GO.Ms.No.15 Home Department dated 07.01.2010.

4.The prayer now sought by the learned Counsel for the petitioner is agreed by the learned Government Advocate appearing for the respondents.

5.In view of the above submission made by the learned Counsel on either side, without going into the merits of the case, the first respondent is directed to consider the petitioner's representation dated 20.05.2015, on merits and in accordance with law and also in the light of GO.Ms.No.844 Home Department, dated 03.06.1997 and GO.Ms.No.15 Home Department dated 07.01.2010 and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) dsk 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,Chennai - 600 004.

3.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

+1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 64985 ORDER MADE IN WP(MD)No.10736 of 2019 29.04.2019 avs(CO) TR (23.05.2019) 2P C https://hcservices.ecourts.gov.in/hcservices/