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Madras High CourtWP(MD)/24863/2016disposed of

K.Nagarajan v. The Secretary To Government

2019-03-28Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.24863 of 2016 1.K.Nagarajan 2.M.Muppidathi ... Petitioners Vs.

1.The Secretary to Government, Home Department, Secretariat, Chennai.

2.The Secretary to Government, Personnel Administrative and Reforms Department, Secretariat, Chennai.

3.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai - 600 004.

4.The Commissioner, Madurai City, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to upgrade the post of petitioners from Steno-Typist Gr.III to Steno -Typist Gr.II by considering the representation dated 23.09.2016.

For Petitioners : Mr.R.Murali For Respondents : Mr.V.Anand, Government Advocate

ORDER

This writ petition has been filed seeking to direct the respondents to upgrade the post of the petitioners from StenoTypist Gr.III to Steno -Typist Gr.II by considering the representation dated 23.09.2016.

2.The learned Counsel for the petitioners submitted that pointing out that the earlier chance of getting due promotion, the petitioners made a representation to the Authorities concerned, wherein the differences of the basic pay for Steno-Typist Gr.I, Gr.II and Gr.III are also narrated. Despite the same, their claim

has not been considered. Hence, the petitioners are before this Court.

3.Upon notice, the respondents have filed a Counter affidavit and the relevant portion whereof reads thus:

"6. With regard to the averments made in paragraph 5 of the affidavit it is submitted that it is a fact that Steno-Typists in Police Department are experiencing much hardship for want of promotional prospects. Hence, a proposal has been sent to the Government of Tamil Nadu by the Director General of Police, Chennai the 3rd respondent herein in letter No.97642/RAI(1)/2009, dated 05.05.2016, to create 26new posts of Grade-I Steno Typist for the Officers in the rank of the Director General of Police / Additional Director General of Police (Excluding the existing one post of Gr.I)(i.e)for 5 Officers in the rank of the Director General of Police and 21 Officers in the rank of Additional Director General of Police and to post them by upgrading the existing 6 posts of Steno-Typists Grade-II and 20 from the existing strength of 132 Gr.

III Steno Typists so as to reduce the expenditure required. It is also the proposal to create 76 posts of Grade II Steno Typists for the Officers in the rank of Inspector General of Police / Deputy Inspector General of Police (ie., 42 Officers in the rank of Inspector General of Police) and to post them by upgrading 76 posts of existing Gr.III. It is submitted that the said proposal is under active consideration of the Government and suitable orders will be issued after consultation with advisory Departments of the Government."

4.In reply, the learned Counsel appearing for the petitioners prayed for fixation of an outer time limit for passing orders on the proposal, which is pending consideration before the first respondent.

5.The learned Government Advocate appearing for the respondents has no serious objection in granting such relief to the petitioners.

6.In the light of the averments made in the counter affidavit and also considering the submissions now made by the respective learned Counsel without going into the merits of the case, the first respondent, before whom the proposal is pending, is directed to consider the same, on merits and in accordance with law and pass necessary orders, meeting out all the queries raised by the petitioners in their representation dated 23.09.2016, after affording opportunity of hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) dsk To 1.The Secretary to Government, Home Department, Secretariat, Chennai.

2.The Secretary to Government, Personnel Administrative and Reforms Department, Secretariat, Chennai.

3.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai - 600 004.

4.The Commissioner, Madurai City, Madurai.

+1CC TO MR.R.MURALI, Advocate Sr. No. 57807 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.58110 ORDER MADE IN WP(MD)No.24863 of 2016 28.03.2019 TR (22.04.2019) 3P 7C