Rajagurupandiyan. K v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA K.Rajagurupandiyan
...Petitioner
Vs 1.The Director General of Police, Office of the Director General of Police, Radhakrishnan Salai, Chennai.
2.The Additional Director General of Police, Office of the Additional Director General of Police, Keelpakkam, Chennai.
3.The Inspector General of Police, Armed Forces, Keelpakkam, Chennai.
4.The Commandant, TSP XI Battalion, Rajapalayam, Virudhunagar District.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 25.06.2024 and promote the petitioner to the post of Sub Inspector by considering the petitioner's seniority as Head Constable from the date of the petitioner's confirmation in the said post on 18.10.2012 with retrospective effect and within the time stipulated by this Court. For Petitioner : Mr.J.Vishnu For Respondents : Mr.J.Ashok Additional Government Pleader
O R D E R
Heard Mr.J.Vishnu, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondents.
2. The petitioner herein had given a representation to the second respondent on 25.06.2024 seeking for promotion to the post of Sub Inspector by considering his seniority as Head Constable from the date of the his confirmation in the said post on 18.10.2012 with retrospective effect. Since the said representation was not considered, the present writ petition has been filed.
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3. 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 the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with direction to consider the representation of the petitioner within a specified time frame.
4. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 25.06.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits. 3/5
5. With the above direction, the Writ Petition stands disposed of. No costs.
11.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:
1.The Director General of Police, Office of the Director General of Police, Radhakrishnan Salai, Chennai.
2.The Additional Director General of Police, Office of the Additional Director General of Police, Keelpakkam, Chennai.
3.The Inspector General of Police, Armed Forces, Keelpakkam, Chennai.
4.The Commandant, TSP XI Battalion, Rajapalayam, Virudhunagar District.
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R.N.MANJULA, J.
Nsr 11.07.2024 5/5