B.Rajendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11284 of 2024 B.Rajendran ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home Department, Fort St.George, Chennai-600 009.

2.The Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

3.The Superintendent of Police, Madurai, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to approve the panel of Superintendent of Police for the year 2023-2024 forwarded by the 2nd respondent and further promote the petitioner as Superintendent of Police by taking into account of his seniority by considering the petitioner's representations dated 26.03.2024 and 06.05.2024 within the period that may be stipulated by this Court.

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For Petitioner : Mr.A.Nawazkhan, for M/s.Ajmal Associates For Respondents : Mr.C.Baskaran, Government Advocate

ORDER

The petitioner has filed this Writ Petition, seeking a Writ of Mandamus, directing the 1st respondent to approve the panel of Superintendent of Police for the year 2023-2024 forwarded by the 2nd respondent and further, promote the petitioner as Superintendent of Police by taking into account of his seniority by considering the petitioner's representations dated 26.03.2024 and 06.05.2024 within the period that may be stipulated by this Court.

2. Heard Mr.A.Nawazkhan, learned counsel for the petitioner and Mr.C.Baskaran, learned Government Advocate for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. According to the petitioner, despite the petitioner has been included in the promotion panel for the year 2023-2024 for the post of Superintendent of Police, he was not given with the promotion so far and the 2/5

process of promotion has not been taken place in view of the pendency of the Writ Petition in W.P.(MD)No.29452 of 2023 filed by some juniors of the petitioner. In this regard, the petitioner has also submitted representations dated 26.03.2024 and 06.05.2024 to the respondents. Since the same has not been considered so far, he has filed this Writ Petition.

5. In the light of the above observations and also considering the fact that the petitioner is going to retire on 31.05.2024, there shall be a direction to the respondents herein to consider the petitioner's representations dated 26.03.2024 and 06.05.2024 on its own merits and pass orders to accord promotion to the petitioner, if the pending Writ Petition does not have any relevancy to the promotion of the petitioner. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.

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

22.05.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No Yuva Note: Issue Order copy on 23.05.2024.

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To 1.The Secretary to Government, State of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.

2.The Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

3.The Superintendent of Police, Madurai, Madurai District.

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R.N.MANJULA , J.

Yuva Order made in W.P.(MD)No.11284 of 2024 22.05.2024 5/5