Madras High CourtWP(MD)/8390/2019disposed of

A.Myilvaganan, v. The Secretary To Government,

2019-04-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.8390 of 2019 A.Myilvaganan ... Petitioner Vs.

1.The Secretary to Government, Department of Home, St George Fort, Chennai.

2.The Director General of Police, Radha Krishnan Salai, Mylapore, Chennai.

3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to revise the petitioner's seniority and re-fix the seniority in terms of marks obtained in qualifying examination for the selection and appointment to the post of Deputy Commissioner of Police-category I vide G.O.Ms.No.98 Home (Pol-2) dated 29.01.2003 in the light of the judgment reported in AIR 2003 SC 2000.

For Petitioner : Mr.S.Chellapandian For Respondent : Mr.V.Anand, Nos.1 and 2 Government Advocate For Respondent :Mr.D.Sivaraman No.3

ORDER

This writ petition has been filed seeking for a direction to the respondents to revise the petitioner's seniority and re-fix the seniority in terms of marks obtained in qualifying examination for the selection and appointment to the post of Deputy Commissioner of Police-category I vide G.O.Ms.No.98 Home (Pol-2) dated 29.01.2003 in the light of the judgment reported in AIR 2003 SC 2000. 2.Heard both sides. By Consent, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

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 the respondents to consider the petitioner's representation dated 18.03.2019, requesting to revise the seniority.

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

5.In view of the above submissions 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 18.03.2019, on merits and in accordance with law 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.The writ petition is disposed of, on the above terms. No costs.

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

2.The Director General of Police, Radha Krishnan Salai, Mylapore, Chennai.

3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai. +1CC TO MR.D.SIVARAMAN, Advocate Sr. No.59760 +1CC TO MR.S.CHELLA PANDIAN, Advocate Sr. No. 59873 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 60111 ORDER MADE IN WP(MD)No.8390 of 2019 08.04.2019 AL(CO) TR (06.05.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/