IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.33997 of 2006(T) (O.A.No.9992 of 1998) D.Thangasamy ... Petitioner Vs 1.Superintendent of Police, Railways, Chennai-600 013. 2.Commissioner of Police Trichirapalli – 620 020. ... Respondents Prayer: Writ petition under Article 226 of constitution of India to issue a Writ of certiorarified mandamus came to be numbered by transfer of O.A.No.9992 of 1998 on the file of the Tamil Nadu Administrative Tribunal praying to Quash the order passed by the Second respondent herein in his proceedings Na.Ka.No.A4/2512/98 dated 26.02.1998 and consequentially direct the respondents to promote the Applicant on upgradation with effect from 22/12/1994 with proper fixation of pay on par with his immediate junior with all consequential service and monetary benefits. For Petitioner : No Appearance For Respondents: Mr.B.Vijay, G.A. ORDER This writ petition is filed to quash the order passed by the Second respondent herein in his proceedings Na.Ka.No.A4/2512/98 dated 26.02.1998 and consequentially direct the respondents to promote the Applicant on upgradation with effect from 22/12/1994 with proper fixation of pay on par with his immediate junior with all consequential service and monetary benefits. 2. No appearance for the petitioner. The petitioner is a Grade I Police Constable and he seeks the relief of promotion by way https://hcservices.ecourts.gov.in/hcservices/ of upgradation with effect from 22.12.1994 and for fixation of pay on par with his immediate junior. His claim was rejected by the impugned proceedings of the second respondent/ Commissioner of Police, Trichirapalli. Against such order, in terms of Rule 6 of Tamil Nadu Police (Discipline and Appeal) Rules, an appeal lies before the Director General of Police. But, the petitioner has straight away approached the Tribunal without exhausting the remedy available under the Rules. 3. Since the matter relates to fixation of pay and other service benefits and since no reply has been filed by the respondents, the writ petition is disposed of with liberty to the petitioner to file an appeal before the competent appellate authority as provided under Rule 6 of Tamil Nadu Police (Discipline and Appeal) Rules. If the appeal is filed on or before 19.3.2010, the same shall be considered and disposed of on merits by the appellate authority within a period of three months thereafter. 4. This writ petition is disposed of on the above terms. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1.The Superintendent of Police, Railways, Chennai-600 013. 2.The Commissioner of Police Trichirapalli – 620 020. 1 CC to the Government Pleader SR NO 8308 1 cc To Mr.G.Bala & Daisy, Advocate, SR.7712 W.P.No.33997 of 2006 (O.A.No.9992 of 1998) RSI(CO) sra 24.02.2010 https://hcservices.ecourts.gov.in/hcservices/