1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.2790 of 2011 A. Stephen :Petitioner Vs. 1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Chennai – 600 004. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider and dispose of the petitioner's representation dated 25.10.2010 sent with regard to the promotion to the post of Sub-Inspector of Police, as expeditiously as possible preferably within the stipulated period, as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mr.V.Rajasekaran, Special Government Pleader O R D E R Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The petitioner has filed the present Writ Petition for a Mandamus, directing the first respondent to consider and dispose of his representation dated 25.10.2010 seeking promotion to the post of Sub Inspector of Police. 3. Admittedly, the petitioner applied to the post of Police Constable in the year 1976. He participated in the recruitment procedure and declared as selected. Unfortunately, since he was implicated in a criminal case, his appointment was deferred. The criminal case has ended in acquittal. Again in the year 1984, yet another recruitment was made for the post of Police Constable and the petitioner participated and satisfied the necessary requirements. He was held to be selected, but he was not given appointment. Aggrieved over the same, he has filed the Writ Petition before this Court and after the orders of this Court in his favour, he was permitted to proceed with the training right from 30.04.1986. Now, he has been promoted as Head Constable. His date of appointment should be reckoned right from the year 1976, when he was originally declared as selected. Had it been taken into consideration, now he will be holding the post of Sub Inspector of Police. Hence, the petitioner sent a representation to consider his case for promotion to the post of Sub https://hcservices.ecourts.gov.in/hcservices/ 2 Inspector of Police. Since the same was not considered, he has filed the Writ Petition for the reliefs stated earlier. 4. Though the petitioner was selected in the year 1976, he could not be accommodated, in view of the pendency of the criminal case. After the criminal case has ended in his favour, once again, he has participated in the selection made in the year 1984 and there also he was selected. Since he was not given employment, he has moved this Court by filing the Writ Petition and finally, he was permitted to undergo the training right from 30.04.1986. In such circumstances, he cannot seek that his service shall be reckoned right from the year 1976, when he was originally declared as selected. 5. In view of the above facts and circumstances of the case, I am not inclined to direct the respondents to consider the representation of the petitioner. Hence, the Writ Petition stands dismissed. There is no order as to costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR SML To 1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Chennai – 600 004. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. 1CC TO THE SPL. GOVT PLEADER SR: 6201: DM:2011::MARCH:21::: Order made in W.P.(MD).No.2790 of 2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/