Madras High CourtWP(MD)/20108/2018disposed of

R. Vasantharaj, v. The Secretary To Government,

2019-02-28Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20108 of 2018 R.Vasantharaj ... Petitioner Vs.

1.The Secretary to Government, Home Department (Police), St. George Fort, Chennai.

2.The Director General of Police, Director General Office, Mylapore, Chennai - 4.

3.The Deputy Inspector General of Police, Tirunelveli Range, 4.The Commissioner of Police, Tirunelveli City, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to provide all service and monetary benefits as per G.O (4D)No.55, dated 26.06.2007 within a short time fixed by this Court. For Petitioner :

Mr.P.Subbaraj For Respondents :

Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to provide all service and monetary benefits as per G.O(4D)No.55, dated 26.06.2007 within a time fixed by this Court.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents.

3.The petitioner, who was an Ex.Army personnel, had been appointed as Head Constable on 24.02.2004 in Bomb detection disposal as per G.O.Ms.No.826, dated 09.09.2002 on contract basis. As per G.O (4D)No.55, dated 26.06.2007, the Government permanently absorbed the post with effect from 26.06.2007 with all monetary benefits. The petitioner sent a representation to the respondents on 04.02.2017 to permanently absorb him in the post of Head Constable with effect from his date of initial appointment ie., from 24.02.2004, instead of with effect from 26.06.2007. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

4.The learned counsel appearing for the respondents submitted that the petitioner's representation will be considered within the time frame fixed by this Court.

5.In such view of the matter, the respondents are directed to consider the representation of the petitioner, dated 04.02.2017 seeking to provide all service and monetary benefits as per G.O(4D) No.55, dated 26.06.2007 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to all the interested parties. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

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

2.The Director General of Police, Director General Office, Mylapore, Chennai - 4. 3.The Deputy Inspector General of Police, Tirunelveli Range,

4.The Commissioner of Police, Tirunelveli City, +1 CC to M/s.P.SUBBARAJ, Advocate ( SR-50605[F] dated 28/02/2019 ) +1 CC to M/s.SPL GP ( SR-51072[F] dated 01/03/2019 ) W.P(MD)No.20108 of 2018 28.02.2019 DS/ /SAR- (15.04.2019) 3P 7C