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Madras High CourtWP(MD)/10639/2016dismissed

G.S.Vijayakumar v. The Director General Of Police

2021-09-27Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.10639 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.10639 of 2016 and W.M.P(MD)Nos.8253 to 8255 of 2016 and W.M.P(MD)No.3350 of 2018 G.S.Vijayakumar ... Petitioner Vs.

1.The Director General of Police, Myllapore, Chennai-4.

2.The Commissioner of Police, Madurai City, Madurai.

3.J.Sumathi ... Respondents (Cause Title amended vide Court order dated 22.11.2017 in W.M.P(MD)No.9575/2016) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned seniority list published by the 1st respondent in his proceedings in C.No.204107/NGB VI(1)/2011 dated 14.08.2012 in so far as 3rd respondent seniority is concerned and the consequential rejection order passed by the 1st respondent in his proceedings in Rc.No.151820/NGB VI(1)/2015 dated 02.05.2016 and quash the same as illegal and consequently to direct the 1st respondent to re-fix the name of the petitioner in the inter-seseniority in the 'C' list of Junior Assistant fit for promotion to the post of Assistant for the panel year 1991-1992 in the appropriate place ie., above to the 3rd respondent within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkateshkumar for M/s.Ajmal Associates For R1 : Mr.M.Lingadurai Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10639 of 2016

ORDER

When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that the writ petition may be dismissed with liberty to the petitioner to agitate the same issue in case the amendment in service rules is struck down. 2.The learned Government Advocate appearing for the first respondent has no serious objection for the aforesaid submission of the learned counsel for the petitioner.

3.In view of the above, this Writ Petition is dismissed. However, liberty is given to the petitioner to submit a fresh representation, in case the amendment is struck down by this Court in the pending litigation. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns 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, Myllapore, Chennai-4.

2.The Commissioner of Police, Madurai City, Madurai.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-30427[F] dated 28/09/2021 ) W.P.(MD).No.10639 of 2016 and W.M.P(MD)Nos.8253 to 8255 of 2016 and W.M.P(MD)No.3350 of 2018 27.09.2021 RK (06.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2