Kottaichamy.M v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Kottaichamy ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police, Mylapore, Chennai-600 004.

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

4.The Superintendent of Police, Sivagangai District, Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first and second respondents i.e., the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai and the Director General of Police, Chennai to pass appropriate orders on the petitioner's representation dated 04.06.2022 within a specified time frame. 1/4

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is working as Junior Assistant in the office of the District Superintendent of Police, Sivagangai. The petitioner was involved in a murder case. Though it ended in acquittal, he was dismissed from service. However, the Director General of Police, Chennai, vide proceedings dated 16.11.2019 ordered reinstatement with a modified punishment of postponement of increment for three years which shall operate to postpone his future increments from the date of original orders. The writ petitioner was subsequently taken back to duty. His suspension period was also regularised. The period of dismissal was also treated as one of duty. However, his services have not been regularised till date. As a result, his probation has not been declared and he has not received his increment from the year 2008. The petitioner has therefore submitted representation dated 04.06.2022. The first respondent has to pass order on the petitioner's representation. Since the petitioner's representation has not been considered, the present writ petition has been filed.

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3. No exception can be taken to the writ petitioner's request. All that the petitioner wants is disposal of the representation dated 04.06.2022. I therefore direct the first respondent to consider the petition mentioned representation on merits and in accordance with law and pass order within a period of twelve weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of accordingly. No costs. 29.09.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police, Mylapore, Chennai-600 004.

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

4.The Superintendent of Police, Sivagangai District, Sivagangai.

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G.R.SWAMINATHAN, J.

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