Mariappan v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI Mariappan Petitioner Vs
1. The Director General of Police Law and Order Office of Director of General of Police Chennai
2. The Deputy Inspector General of Police Dindigul Region Dindigul
3. The Superintendent of Police District Police Office Dindigul Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to grant promotion to the petitioner to the post of Special Sub Inspector of Police w.e.f 01.06.2013, date on which his batch mates promoted and refix seniority in the post of Special Sub-Inspector of Police with all monetary benefits by considering the petitioner's representation dated 13.11.2019,within the time limit fixed by this Court. For Petitioner : Ms.D.Rukmani For Respondents : Mr.C.M.Mari Chellaiah Prabhu Additional Government Pleader
ORDER
This Writ Petition is filed to direct the respondents to consider the petitioner's representation dated 13.11.2019, which was given to promote the petitioner as Special Sub-Inspector of Police, within a period that may be stipulated by this Court.
2. Mr.C.M.Mari Chellaiah Prabhu, learned counsel takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.According to the petitioner, he joined as Grade II Police Constable on 27.05.1998 and on completion of 10 years of service, he was promoted as Grade I Police Constable with effect from 27.05.1998. The batch mates of the petitioner were promoted to the 1/3
post of Constable with effect from 25.05.2013, whereas the petitioner was promoted only with effect from 31.07.2004, due to the punishment of pay reduction by two stages for two years with cumulative effect, which was imposed on him, by the Superintendent of Police, Sivagangai. However, the Superintendent of Police, Dindigul in his proceedings dated 03.09.2013, has categorically stated that the petitioner cannot be promoted as a Special SubInspector of Police on par with his batch mates, whereas, he is entitled to the promotion to the post of Special Sub-Inspector of Police with effect from August 2014. It is further contended by the learned counsel for the petitioner that based on the order passed by the Inspector General of Police, as per the proceedings dated 04.01.
2019, the petitioner has been promoted as Special Sub Inspector of Police at Kodaikanal Police Station, with effect from 01.11.2018, instead of granting promotion either on par with his batch mates ie 01.06.2013 or with effect from August 2014 as stated by the Superintendent of Police, Dindigul. In this regard, the petitioner has given several representations to the respondents, including the latest representation dated 13.11.2019. But, so far, no action has been taken by the respondents. Hence, the petitioner has come out with the present Writ Petition. 4.Considering the nature of relief sought for in the Writ Petition, this Court without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 13.11.
2019, on merits and pass appropriate orders, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) vrn/gns To
1. The Director General of Police Law and Order Office of Director of General of Police Chennai 2/3
2. The Deputy Inspector General of Police Dindigul Region Dindigul
3. The Superintendent of Police District Police Office Dindigul +1 CC to SPL GP ( SR-102785[F] dated 29/11/2019 ) +1 CC to Mr.D.RUKMANI, Advocate ( SR-102932[F] dated 02/12/2019 ) W.P.(MD)No. 25259 of 2019 28.11.2019 KM/(03.01.2020) 3P 6C 3/3