K.Chidambaram v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16111 of 2025 K.Chidambaram : Petitioner Vs.
1. The State of Tamil Nadu, Represented by the Secretary to Government Home Department, Chennai.
2. The Director General of Police, Mylapore, Chennai - 9.
3. The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Old Commissioner Office of Police Campus, Egmore, Chennai - 8.
4. The Additional Director General of Police, (Armed Police) Head Quarters, Kilpauk, Chennai - 10.
5. The Inspector General of Police, Trichy Range, 1/7
Armed Police Head Quarters, Kilpauk, Chennai.
6. The Deputy Inspector General of Police, Armed Police Head Quarters, Chennai-10.
7. The Commandant, TSP - 6th Battalion, Reserve Line, Madurai - 14.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioners representation dated on 19.05.2025 within a time frame that may be stipulated by this Honble Court and directing the 2nd respondent to fix the proper seniority to the petitioner, taking into consideration of the marks secured in the police recruitment school as per rule 24 of the Tami Nadu Special Police Subordinate Service Rules, 1978 and directing the 2nd respondent to grant proper promotion with other consequential benefits to the petitioner on the basis of the similar order passed by this Court in W.P.(MD) No.7266 of 2020 and order passed by the Hon'ble Apex Court dated 08.01.2024 made in Special Leave to Appeal (C) No.339 of 2024.
For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.K.Balasubramani Special Government Pleader 2/7
O R D E R
The writ petition has been filed for the issuance of a writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 19.05.2025; to fix the petitioner's seniority appropriately by taking into account the marks secured in the police recruitment school, as per Rule 24 of the Tamil Nadu Special Police Subordinate Service Rules, 1978 and to grant the petitioner proper promotion along with all consequential benefits, based on similar orders passed by this Court in W.P.(MD) No.7266 of 2020 and by the Hon'ble Supreme Court in SLP (C) No.339 of 2024, dated 08.01.2024.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner asserts that he is working as an Inspector of Police in the Tamil Nadu Special Police Force, 6th Battalion, Madurai. The grievance of the petitioner is that the respondents ought to have promoted him based on the marks secured in the Police Recruitment School, as per Rule 24 of the Tamil Nadu Special Police Subordinate 3/7
Service Rules, 1978 and in line with the order passed by this Court on 11.10.2023 in W.P.(MD) No.7266 of 2020, as well as the order of the Hon'ble Apex Court in Special Leave Petition (C) No.339 of 2024, dated 08.01.2024. In this regard, the petitioner submitted a representation dated 19.05.2025 to the second respondent, requesting that his proper seniority be fixed. 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 second respondent to consider the representation 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 justified in invoking its extraordinary powers under Article 226 of the 4/7
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 second respondent to consider the petitioner's representation dated 19.05.2025, 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 second 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. 18.06.2025 Index : Yes / No Internet : Yes / No PKN 5/7
To
1. The State of Tamil Nadu, Represented by the Secretary to Government Home Department, Chennai.
2. The Director General of Police, Mylapore, Chennai - 9.
3. The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Old Commissioner Office of Police Campus, Egmore, Chennai - 8.
4. The Additional Director General of Police, (Armed Police) Head Quarters, Kilpauk, Chennai - 10.
5. The Inspector General of Police, Trichy Range, Armed Police Head Quarters, Kilpauk, Chennai.
6. The Deputy Inspector General of Police, Armed Police Head Quarters, Chennai-10.
7. The Commandant, TSP - 6th Battalion, Reserve Line, Madurai - 14.
6/7
VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.16111 of 2025 18.06.2025 7/7