Madras High Court
N.Manikandan vs The Secretary To Government on 11 October, 2022
W.P(MD)No.6681 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD).No.6681 of 2017
N.Manikandan,
: Petitioner
Vs
1. The Secretary to Government,
Government of Tamilnadu,
Home Department,
Fort St. George, Chennai
2. The Director General Of Police,
Kamarajar Salai,
Chennai - 600 004.
3. The Deputy Inspector General Of Police,
Dindigul Range, Dindigul.
4. The Superintendent of Police,
Theni District, Theni.
: Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records of the 4th respondent herein in Na.ka.No.A1/23261/665/2016 dated
22.09.2016 and quash the same and consequently direct the respondents
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W.P(MD)No.6681 of 2017
herein to upgrade the service of the petitioner as Grade-I, Constable as on
30.04.1999 instead of 27.09.1999 as well as Head constable as on 30.04.2004
instead of 27.09.2004 and also in the post of Special Sub Inspector of Police
as on 01.05.2014 instead of 01.11.2014 with all service benefits including
other monetary benefits.
For Petitioner : Mr.Karuppasamy Pandian
For Respondents : Mrs.D.Farjana Ghoushia
Special Government Pleader
ORDER
This Writ Petition had been filed for issuance of Certiorarified
Mandamus to quash the order in Na.ka.No.A1/23261/665/2016 dated
22.09.2016 and consequently direct the respondents herein to upgrade the
service of the petitioner as Grade-I, Constable as on 30.04.1999 instead of
27.09.1999 as well as Head constable as on 30.04.2004 instead of 27.09.2004
and also in the post of Special Sub Inspector of Police as on 01.05.2014
instead of 01.11.2014 with all service benefits including other monetary
benefits.
2. The claim of the petitioner is that the petitioner is entitled to be
considered for upgradation as Grade-I, Constable as on 30.04.1999 itself
instead of that the respondents have upgraded the petitioner only on
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W.P(MD)No.6681 of 2017
27.09.1999. The petitioner relies on the order passed by the City Police
Office, Coimbatore City for the Head Constable namely C.Cabriel and
S.Jayaraj, Wherein, date of enlistment of those two Head Constables is from
30.04.1989. The petitioner was also enrolled on the same day i.e.,
30.04.1989, however in Madurai. Since the similarly placed persons were
granted upgradation on 30.04.1999 itself, the petitioner is prejudiced because
he was granted upgradation only on 27.09.1999.
3. In the meanwhile, the issue of granting upgradation was considered
by the Full Bench and several directions have been issued. Therefore, this
Court, without going into the merits of the case, directs the first respondent to
consider and pass orders in the light of the Full Bench Judgment rendered in
W.A.Nos.3748 of 2019 and batch, dated 04.02.2022, within a period of
twelve weeks, from the date of receipt of a copy of this order. No costs.
11.10.2022
Index : Yes / No
Internet : Yes/ No
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.6681 of 2017
To
1. The Secretary to Government,
Government of Tamilnadu,
Home Department,
Fort St. George, Chennai
2. The Director General Of Police,
Kamarajar Salai,
Chennai - 600 004.
3. The Deputy Inspector General Of Police,
Dindigul Range, Dindigul.
4. The Superintendent of Police,
Theni District, Theni.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.6681 of 2017
S.SRIMATHY, J.
lr
W.P(MD).No.6681 of 2017
11.10.2022
https://www.mhc.tn.gov.in/judis
