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Madras High CourtWP(MD)/3617/2015disposed of

S. Gomathi Nayagam v. The Government Of Tamil Nadu,

2019-08-21Honourable Mr Justice S.M. Subramaniam2 pages

W.P[MD]No.3617 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.3617 of 2015 S.Gomathi Nayagam ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Home Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Police, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by third respondent in C.No.A1(2)/52541/2012 dated 01.04.2014 and quash the same and consequently direct the respondents 2 & 3 to fix the seniority and give the notional promotion with monetary benefits to the petitioner.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to call for the records pertaining to the impugned order passed by third respondent in C.No.A1(2)/52541/2012 dated 01.04.2014, to quash the same and to consequently direct the respondents 2 & 3 to fix the seniority and give the notional promotion with monetary benefits to the petitioner.

2.Even at the time of filing of the writ petition, the writ petitioner was aged about 62 years. Now he would be around 66 years. The writ petitioner claims that certain benefits granted in respect of the similarly placed persons were denied to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P[MD]No.3617 of 2015 petitioner. The issues in relation to fixing of seniority and consequential regularization is now pending before the Hon'ble Supreme Court in S.L.P(C).No.006980-006996 -2018. 3.The learned counsel for the petitioner states that the issues are one and the same and now SLP is pending before the Hon'ble Apex Court. Under these circumstances, the order to be passed by the Hon'ble Supreme Court in the case cited supra can be considered for the purpose of redressal of the grievance of the writ petitioners in accordance with law.

4. With these observations this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(Crl. Side) /TRUE COPY/ Sub Assistant Registrar MR To 1.The Secretary to Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Police, Virudhunagar District.

+1 CC to M/s.A. RAJARAM, Advocate ( SR-82755[F] dated 21/08/2019 ) W.P[MD]No.3617 of 2015 21.08.2019 JM/17.10.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2