S.Raman v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.[MD].No.12173 of 2018 S.Raman : Petitioner Vs.

1.The Principal Secretary to Government, Home Department, Secretariat, Government of Tamil Nadu, Chennai.

2.The Director General of Police, Law and Order and Administration, Mylapore, Chennai 04.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the monetary benefits by refixing the seniority from the post of Sub-Inspector of Police, with respective promotions, scales of pay and other emoluments including revised pension payable to the petitioner on the basis of G.O.Ms.No.41, Home [Pol.1A] Department, and the order passed by the Hon'ble Apex Court dated 27.02.2017 in S.L.P.No.1984 of 2008, on the basis of the petitioner's representation dated 31.03.2018 within a time frame. For Petitioner : Mr.R.Aravindan For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus directing the respondents to pay the monetary benefits by refixing the seniority from the post of Sub-Inspector of Police, with respective promotions, scales of pay and other emoluments including revised pension payable to the petitioner on the basis of G.O.Ms.No.41, Home [Pol.1A] Department and the order passed by the Hon'ble Apex Court, dated 27.02.2017 in S.L.P.No.1984 of 2008, on the basis of the petitioner's representation dated 31.03.2018 within a time frame.

2. Heard Mr.R.Aravindan, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.

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3. The petitioner is a retired Superintendent of Police. In order to redress his grievance by fixing his seniority and sanctioning the arrears of pay, he made a request by way of representation dated 31.03.2018. Since no orders have been passed thereon, the petitioner is before this Court with this Writ Petition for the relief stated earlier.

4. The learned counsel appearing for the petitioner would submit that if a direction is issued to the respondents to consider the representation of the petitioner dated 31.03.2018 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame, the petitioner would be satisfied.

5. I have heard Mrs.S.Srimathy, learned Special Government Pleader in this regard, who would submit that the representation of the petitioner would be considered on merits and orders would be passed thereon on merits and in accordance with law within a time frame that may be fixed by this Court.

6. Considering the above submissions made by the learned counsel on either side, the Writ Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 31.03.2018 with regard to his service grievance and pass appropriate orders on merits and in accordance with law and communicate the same to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Home Department, Secretariat, Government of Tamil Nadu, Chennai.

2.The Director General of Police, Law and Order and Administration, Mylapore, Chennai 04.

+1cc to Mr.R.Aravindan, Advocate, SR.No.67457. +1cc to Special Government Pleader, SR.No.67365. ORDER MADE IN W.P.[MD].No.12173 of 2018 07.06.2018 NB RAM/SV MMS/SAR 3/11.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/