Madras High CourtWP(MD)/15204/2025disposed of

S.Gurusamy v. The State Of Tamil Nadu

2025-06-04Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15204 of 2025 S.Gurusamy : Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Home Secretary, Fort St.George, Chennai - 600009.

2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600004.

3. The Inspector General of Police, South Zone, Madurai.

4. The Deputy Inspector General of Police, Madurai Range, Madurai.

5. The Superintendent of Police, Virudhunagar District, Virudhunagar.

Thoothukudi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 3rd Respondents to revise and regularize the service seniority and give the 1/6

promotion with monetary benefits to the petitioner from 01.09.1982, on the basis of the petitioners representation dated 07.12.2024. For Petitioner : Mr.S.Maya Perumal For Respondents : Mr.M.Siddharthan Additional Government Pleader for R1 to R5

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents 2 and 3 to revise and regularize the service seniority and give the promotion with monetary benefits to the petitioner from 01.09.1982, on the basis of the petitioner's representation dated 07.12.2024.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner, who is presently serving in the Tamil Nadu Police Service, has completed 40 years of unblemished service in the 2/6

department. The grievance of the petitioner is that, despite having completed nearly 40 years of service, his service seniority has not been revised or regularized. In this regard, the petitioner submitted a representation dated 07.12.2024, requesting the revision and regularization of his service seniority and the grant of promotion with monetary benefits effective from 01.09.1982. As no action has been taken on the said representation, the petitioner has now filed the present writ petition.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the third respondent to consider the proposal of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be 3/6

justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 07.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 04.06.2025 Index : Yes / No Internet : Yes / No PKN 4/6