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Madras High CourtWP(MD)/23259/2017disposed of

A.Murugesan v. The Director General Of Police

2021-03-10Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Murugesan .. Petitioner Vs 1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-4.

2.The Additional Director General of Police, Administration Branch, Kamarajar Salai, Mylapore, Chennai-4.

3.The Commissioner of Police, Thirunelveli City, Thirunelveli.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise and regularise the service seniority and give the promotion equal to the post of Inspector of Police rank to the petitioner from the year of 2014 with monetary benefits on the basis of the petitioner's representation dated 06.12.2017. For Petitioner : Mr.A.Rajaram For Respondents : Mr.D.Muruganantham Additional Government Pleader

O R D E R

The prayer sought for in the present writ petition is for a direction to the respondents to revise and regularise the service seniority and give the promotion equal to the post of Inspector of Police rank to the petitioner from the year of 2014 with monetary benefits on the basis of the petitioner's representation dated 06.12.2017.

2. The case of the petitioner is that the petitioner joined in the Tamil Nadu Special Police Service in the year 1984. Thereafter he was promoted as Constable Grade-I in the year 1995; Head Constable in the year 2010; Special Sub Inspector in the year 2010 1/3

and Sub Inspector of Police in the year 2014. While he was serving as Sub Inspector of Police, one P.Nagarajan, HC, S.Balasubramanian, HC and A.Lakshmanan HC had filed a writ petition in W.P.Nos.317, 413 and 416/2010 to regularise their service and to promote them with all benefits. This Court, by its order dated 20.07.2010 directed to consider their date of appointment while calculating their service for promotion. Based on the above said order, their service was regularized and they were promoted. In order to avail such benefit on par with his batch-mates, the petitioner made representation on 01.09.2017. But till date no order has been passed. Hence, the petitioner approached this Court with the above said prayer.

3. The learned counsel for the petitioner would submit that it would be suffice, if a direction is issued to the respondents to pass orders on considering the petitioner's representation dated 01.09.2017 within a reasonable time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection to consider the representation dated 01.09.2017.

5. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

6. Considering the facts and circumstances of the case and considering the submissions made by the learned counsel on either side, this Court, without going to the merits of the case, is inclined to issue a direction to the respondents to consider the representation of the petitioner within a reasonable time. Accordingly, this Court directs the respondents to consider the representation of the petitioner dated 01.09.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 2/3

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, Kamarajar Salai, Mylapore, Chennai-4.

2.The Additional Director General of Police, Administration Branch, Kamarajar Salai, Mylapore, Chennai-4.

3.The Commissioner of Police, Thirunelveli City, Thirunelveli.

+1 CC to M/s.SPL GP ( SR-10609[F] dated 11/03/2021 ) +1 CC to M/s.A.RAJARAM, Advocate ( SR-10655[F] dated 12/03/2021 ) W.P.(MD).No.23259 of 2017 10.03.2021 RK(13.05.2021) 3P 6C 3/3