M. Sithara v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.11.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.17232 of 2020 M.Sithara ... Petitioner Vs
1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai -4.
2. The Joint Commissioner of Police cum the Chairman, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008.
3. The Chairman, Sub Committee, Tamilnadu Uniformed Services Recruitment Board, Rajarathinam Stadium Centre, Egmore, Chennai 600 008.
... Respondents PRAYER:
This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents to give the suitable post to the petitioner as per the mercy ground on the basis of the petitioner's representation dated 26.10.2020.
For Petitioner : Mr.A.Rajaram For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.K.Mu.Muthu Additional Government Pleader
ORDER
This Writ Petition is filed to direct the respondents to give suitable job to the petitioner on the ground of mercy, by considering petitioner's representation dated 26.10.2020. 1/3
2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, on 11.09.2018, she had participated in the selection process for physical measurement for the post of Women Police Constable Grade II, Warder and Fireman (Taluk, Armed Reserve (Men and Women/Transgender)) and Tamilnadu Special Police (Men)-2017-2018.
4.When the 2nd respondent conducted the long jump competition, the petitioner was compelled to jump on the normal ground without any safety measures, because of that her right side leg was broken and severe pain also arose. Thereafter, the petitioner was admitted in the hospital for taking treatment, due to which, she was unable to participate in the selection process and that the petitioner has made a representation dated 26.10.2020 to the respondents requesting them to provide a job to her on the ground of mercy. However, the respondents have not considered the petitioner's representation dated 26.10.2020 till date. Hence, left with no other alternative, the petitioner is before this Court.
5.Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents would fairly submit that the entire selection process for the said post has been completed in the year 2018. However, the petitioner's representation dated 26.10.2020 would be considered on merits and in accordance with law, within a period of three months.
6.In view of the submission made by the learned Additional Advocate General, this Court directs the respondents to consider the petitioner's representation dated 26.10.2020 and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. 7.With the above direction, the present Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 2/3
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:-
1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai -4.
2. The Joint Commissioner of Police cum the Chairman, Tamilnadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai 600 008.
3. The Chairman, Sub Committee, Tamilnadu Uniformed Services Recruitment Board, Rajarathinam Stadium Centre, Egmore, Chennai 600 008.
+1 CC to Mr.A.RAJARAM, Advocate ( SR-23244[F] dated 30/11/2020 ) W.P.[MD]No.17232 of 2020 30.11.2020 PV(CO) CS(09.12.2020) 3P 5C 3/3