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Madras High CourtWP(MD)/20532/2021disposed of

Gokulakrishnan.R v. The State Of Tamil Nadu

2021-11-17Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.17172 of 2021 R.Gokulakrishnan ... Petitioner versus

1. The State of Tamilnadu, Rep. By Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The State of Tamilnadu, Rep. By Secretary to Government, Human Resources Management Department, Fort St. George, Chennai - 600 009.

3. The Director General of Police, Head of Police Force Tamil Nadu Chennai - 600 004.

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

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the third respondent to fix the petitioner's seniority in the post of Deputy Superintendent of Police by treating him as senior to the Deputy Superintendents of Police who were appointed on 27.03.2017 by way of promotion from the post of Inspector of Police based on the petitioner's date of appointment on 10.03.2017 and prepare the panel for the promotional post of Additional Superintendent of Police by considering the petitioner's representation dated 13.08.2021 in the light of the Judgment rendered by the Hon'ble Apex Court in Meghachandra Singh vs. Ningam Siro Case.

For Petitioner : Mr.G.R.Sathish For Respondents : Mr.G.V.Vairamsanthosh Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus, directing the third respondent to fix the petitioner's seniority in the post of Deputy Superintendent of Police, by treating him as senior to the 1/3

Deputy Superintendents of Police who were appointed on 27.03.2017 by way of promotion from the post of Inspector of Police, based on his date of appointment, i.e. on 10.03.2017 and prepare the panel for the promotional post of Additional Superintendent of Police, by considering his representation dated 13.08.2021 in the light of the Judgment rendered by the Hon'ble Apex Court in Meghachandra Singh vs. Ningam Siro Case.

2. Though a larger relief has been sought for in the writ petition, the learned counsel appearing for the petitioner confined his relief to the limited extent of directing the respondents to consider and dispose of the petitioner's representation dated 13.08.2021, within a reasonable time.

3. Since the learned counsel for the petitioner has confined his relief to the limited extent of considering the petitioner's representation dated 13.08.2021, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 13.08.2021, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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 Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Human Resources Management Department, Fort St. George, Chennai - 600 009.

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3. The Director General of Police, Head of Police Force Tamil Nadu, Chennai - 600 004.

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

+1 CC to M/s.SPL GP ( SR-34977[F] dated 18/11/2021 ) +1 CC to M/s.G.R. SATISH, Advocate ( SR-34723[F] dated 17/11/2021 ) 17.11.2021 AC(CO) KB(01.12.2021) 3P 7C 3/3