R.Jeyachandran v. The Director General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14893 of 2016 R.Jeyachandran :Petitioner Vs.

1.

The Director General of Police, Law and Order, Kamarajar Salai, Mylapore, Chennai - 04.

2.

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

3.

The Deputy Inspector General of Police, Madurai Range, Madurai. :Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to include the petitioner in C list, dated 16.07.2016 in C.No.16122/A1/2016, Z.O.No.99/2016 and promote him from the said date of 16.07.2016 as requested in his representation, dated 29.07.2016 within a time frame fixed by this Court. For petitioner :

M/s.Chamundi Bose For Respondents :

Mrs.S.Bharathi, Government Advocate

O R D E R

********** The Petitioner Mr.R.Jeyachandran, has come to this Court seeking for issuance of a Writ of Mandamus directing the respondents to include the petitioner's name in the "C" list, dated 16.07.2016 in C.No.16122/A1/2016, Z.O.No.99/2016 and promote him to the post of Inspector from 16.07.2016 along with and on bar with his Juniors namely, one Mr.P.Nagarajan and Mr.S.Balasubramanian.

2. The claim of the petitioner is that when his juniors and batch-mates were promoted as Inspectors, the petitioner should also be given the same benefit. In this regard, after finding 'C'

list, dated 16.07.2016 in C.No.16122/A1/2016, Z.O.No.99/2016, since his name was not mentioned in the said list, he has given a representation on 29.07.2016. But, the same has not been considered so far. Hence, he has come to this Court with this Writ Petition.

3. It is also stated that one Mr.P.Nagarajan Head Constable No.2573 and one Mr.S.Balasubramanian Head Constable No.2397, had filed Writ Petitions before this Court in W.P.Nos.317 and 413 of 2010, seeking regularization of their service so as to promote them with the consequential benefits, wherein this Court, vide order, dated 20.07.2010, considered their case for the purpose of promotion. Therefore, the case of the petitioner also should be considered.

4. Mrs.S.Bharathi, learned Government Advocate after taking notice on behalf of the respondents would submit that the present Writ Petition has been filed within few weeks from the date of receipt of representation by the respondents.

5. But this Court is of the view that when the 'C' list was prepared on 16.07.2016, the petitioner has given a representation on 29.07.2016 and therefore, representation of the petitioner should be considered on merits.

6. In view of the above, without expressing any opinion on the merits of the case, this Court directs the respondents to consider the representation of the petitioner, dated 29.07.2016, and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, Law and Order, Kamarajar Salai, Mylapore, Chennai - 04.

2. The Inspector General of Police, South Zone, Madurai District.

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

+1cc to M/S.Chamundi Bose, Advocate SR.No.44039 +1cc to Special Government Pleader SR.No.44421 W.P.(MD)No.14893 of 2016 12.08.2016 pm SD/DB/23.08.2016/3P/6C