M.Muthu Sankaralingam v. The Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2019

CORAM

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.11701 of 2019 and W.M.P.(MD).No.8882 of 2019 M.Muthu Sankaralingam ... Petitioner -vs1.The Additional Chief Secretary, (Home Department), Secretariat, Chennai-09.

2.The Director General of Police, Office of the DGP, Mylapore, Chennai-04.

3.The Additional Director General of Police, (Admin), Office of the DGP, Mylopore, Chennai-04.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first respondent to give the promotion of Additional Deputy Superintendent of Police to the petitioner on the basis of the panel prepared by the second respondent with all attendant and monetary benefits.

For Petitioner : Mr.Veerakathiravan Senior Counsel for Mr.V.Muthukamatchi For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

Heard the learned counsel on either side. By consent of both the parties, the main Writ Petition itself is taken up for final disposal at the admission stage.

2. The writ petitioner joined the Police Department as Sub Inspector of Police in the year 1987. He is presently working as Deputy Superintendent of Police in CBCID, Madurai Region. His date of retirement is 31.05.2019. His only scope for further promotion is to the post of Additional Superintendent of Police. If the said promotion does not come before his retirement, he would have to forego the same.

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3. The learned Senior counsel appearing for the petitioner pointed out that the petitioner's name has already been included in

the promotion panel for the year 2017-18. It is only on account of the ongoing election process, citing the subsistence of the code of conduct, the Authorities are not giving effect to the panel. Therefore, the petitioner has given a representation dated 23.04.2019 to the first respondent herein.

4. Considering the special facts and circumstances of the case, the first respondent is directed to pass orders on the petitioner's representation on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar /Vacation Officer // True Copy // Sub Assistant Registrar(CS) To The Additional Chief Secretary, (Home Department), Secretariat, Chennai-09.

2.The Director General of Police, Office of the DGP, Mylapore, Chennai-04.

3.The Additional Director General of Police, (Admin), Office of the DGP, Mylopore, Chennai-04.

+1cc to Mr.V.MUTHUKAMATCHI, Advocate, SR.No.65333 W.P.(MD) No.11701 of 2019 08.05.2019 TSG KK/SAR/09.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/