T. Mummoorthi v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR T.Mummoorthi ... Petitioner -Vs1.The Director General of Police, Tamil Nadu Police Department, Mylapore, Chennai 600 004.

2.The Commandant, 6th Battalion, District Armed Reserved, Sivagangai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to fix the petitioners' seniority on par with his batch mates recruited in the year 2010 based on the petitioner's representation dated 27.02.2019 and 29.06.2019 and in the light of the proceedings passed by first respondent in C.No.3362/Rect 1(2)/2016, dated 11.11.2016 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

The prayer sought for herein is for a Writ of Mandamus, to direct the first respondent to fix the petitioner's seniority on par with his batch mates recruited in the year 2010 based on the petitioners' representation, dated 27.02.2019 and 29.06.2019 and in the light of the proceedings passed by first respondent in C.No.3362/Rect 1(2)/2016, dated 11.11.2016 within the time frame. 2.Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents.

3.By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

4.The petitioner, after having been selected as Grade II Police Constable, joined in service on 05.10.2015 and after completing the training, he was inducted into Sivagangai District Armed Reserved Police Force on 10.06.2016. In this regard, it is the grievance of the petitioner that, his seniority has to be fixed accordingly. Hence, he has made a representation on 29.06.2019 to the first respondent. Therefore, the learned counsel appearing for the petitioner would submit that, if the said representation is directed to be considered on merits and in accordance with law, within a time frame, the petitioner would be satisfied.

5.Heard Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents, who would submit that, the said representation of the petitioner would be considered by the first respondent on merits and in accordance with law and accordingly, necessary orders would be passed thereon, within a time frame. 6.Considering the limited scope of the prayer sought for herein, this Court is inclined to dispose of this writ petition with the following directions:

'that the respondents, especially, the first respondent shall consider the representation of the petitioner dated 29.06.2019 and pass orders thereon, on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.'

7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. 2/3

To 1.The Director General of Police, Tamil Nadu Police Department, Mylapore, Chennai 600 004.

2.The Commandant, 6th Battalion, District Armed Reserved, Sivagangai District.

+1 CC to M/s.GP ( SR-13530[F] dated 03/08/2020 ) 31.07.2020 AP(24/08/2020) 3 P 4C 3/3