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Madras High CourtWP(MD)/12471/2018disposed of

V. Karthikeyan, v. The Commissioner Of Police,

2018-06-12Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.12471 of 2018 V.Karthikeyan ... Petitioner -VsThe Commissioner of Police, Madurai City, Madurai-625 002.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent i.e., the Commissioner of Police, Madurai to pass appropriate orders on the petitioner's representation dated 02.05.2018 based on the clarification issued by the Government in Letter No.7296/S/2012-1 P&AR Department, dated 14.05.2012 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondent : Mr.K.Saravanan, Government Advocate.

ORDER

The prayer sought for in the writ petition is for a Writ of Mandamus, directing the respondent i.e., the Commissioner of Police, Madurai to pass appropriate orders on the petitioner's representation dated 02.05.2018 based on the clarification issued by the Government in Letter No.7296/S/2012-1 P&AR Department, dated 14.05.2012 within a specified time frame that may be fixed by this Court.

2.Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate, who takes notice on behalf of the respondent.

3.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 4.The learned counsel appearing for the petitioner would submit that, the petitioner was appointed as directly recruited Sub-Inspector of Police on 28.09.1987 and thereafter, he was moved to selection grade in the category of Sub-Inspector of Police on 29.09.1997.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned counsel appearing for the petitioner would

further submit that, as per the order of the Director General of Police, dated 11.05.2013, the petitioner's seniority has been revised on par with his junior, namely, D.Arasu. Therefore the date of 'B' list of Inspector of Police is fixed as on 01.03.1999. 6.With regard to this discrepancy, the petitioner has given a representation on 02.05.2018. Therefore, the learned counsel appearing for the petitioner would submit that if a direction is given to the respondent to consider the said representation on merits and pass orders thereon, within a time frame that may be stipulated, the petitioner would be satisfied. 7.I have heard Mr.K.Saravanan, learned Government Advocate, who would submit that the petitioner's representation dated 02.05.2018 would be considered on merits and in accordance with law and an order to that effect would be passed within a time frame.

8.Considering the said submissions made by both the learned counsel appearing for the parties as well as the nature of the prayer sought for herein, this Writ Petition is disposed of with the following direction:- "that the respondent is directed to consider the petitioner's representation dated 02.05.2018, with regard to the seniority and fixation of pay as per G.O.(Ms)No.210 P&AR(S) Department, dated 11.03.1987, to fix the pay accordingly, and pass orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

9.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Commissioner of Police, Madurai City, Madurai-625 002.

+1cc to Mr.S.Visvalingam, Advocate Sr.No.67764 +1cc to SPECIAL GOVERNMENT PLEADER, Sr.No.67994 Myr/rmi MK/SB/SAR 4/27.06.2018/2P/4C W.P(MD)No.12471 of 2018 12.06.2018 https://hcservices.ecourts.gov.in/hcservices/