1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.5574 of 2011 S.Adhilingam ... Petitioner Vs 1.State represented through its Home Secretary, Government of Tamil Nadu, Fort st. George, Chennai. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 3.The Deputy Inspector General of Police, Tirunelveli. 4.The Superintendent of Police, Tuticorin. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the third and fourth respondents to promote the petitioner for the post of Special Sub Inspector of Police from 01.04.2006 instead of 01.08.2010 and subsequently direct to fix the petitioner's seniority from 01.04.2006 in Special Sub-Inspector of Police and also release the petitioner's monetary benefits and arrears of pay based on the petitioner's represented dated 21.12.2010 within stipulated time limit according to law. For petitioner ...Mr.S.Muthalraj For Respondents ...Mr.T.S.Mohammed Mohideen Addl. Govt.Pleader O R D E R Mr.T.S.Mohammed Mohideen, Additional Government Pleader takes notice for the respondents. By consent, the Writ Petition is taken up for final hearing at the admission stage itself. 2. The petitioner has come up with the present writ petition for a mandamus directing the third and fourth respondents to promote the petitioner for the post of Special Sub Inspector of Police from 01.04.2006 instead of 01.08.2010 https://hcservices.ecourts.gov.in/hcservices/ 2 and subsequently direct to fix the petitioner's seniority from 01.04.2006 in Special Sub-Inspector of Police and also releases the petitioner's monetary benefits and arrears of pay based on the petitioner's represented dated 21.12.2010 within stipulated time limit according to law. 3. In similar circumstances, this Court by an order dated 10.11.2010 in W.P.No.25279 of 2010 directed the respondents to consider the claim of the similarly placed persons. The order made thereunder is extracted hereunder: “The prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider the claim of the petitioner for upgradation as the Special Sub- Inspector of Police by taking into consideration the total service rendered by him from 23.05.1978 to 30.11.2008 and upgrade him as Special Inspector of Police and grant all consequential service and monetary benefits. 2.In support of his contention, the petitioner has placed reliance upon the order of the Government in G.O.Ms.No.13, Home (Police) Department, dated 06.01.2010, wherein upgradation has been made for 2589 Grade II PCS who were appointed on 01.11.1984 as Grade I Police Constables and Grade I PCs as Head Constables. It is further contended that there is discrimination in not considering the case of the petitioner, who had completed more than 30 years of service in the police Department. 3.Though the petitioner has sought for a larger relief of mandamus as stated supra, the learned counsel for the petitioner submitted that the petitioner would be satisfied if a direction is issued to the first respondent to consider the representation dated 31.05.2010 in accordance with law. 4.Without adverting to the merits of the case, this Court deems it fit to direct the first respondent to consider the representation of the petitioner dated 31.05.2010 and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs.“ 4. Considering the above stated position, I direct the petitioner to send a detailed representation to the first respondent within a period of one week from the date of receipt https://hcservices.ecourts.gov.in/hcservices/ 3 of a copy of this order and on receipt of the same, the first respondent is directed to consider the claim of the petitioner on merits and in accordance with law within a period of twelve weeks thereafter. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Home Secretary, Government of Tamil Nadu, Fort st. George, Chennai. 2.The Director General of Police, Kamarajar Salai, Mylapore Chennai 3.The Deputy Inspector General of Police, Tirunelveli. 4.The Superintendent of Police, Tuticorin. +One Cc to Mr.S.Muthalraj, Advocate, SR.No.17259 +One cc to The Spl Govt. Pleader, SR.No.17331 RR rl/7c – 15.6.2011 W.P.(MD) No.5574 of 2011 06.06.2011 https://hcservices.ecourts.gov.in/hcservices/