Madras High Court
Y.Sureshkumar vs The Principal Secretary To Government on 1 July, 2024
WP(MD) No.14312 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.14312 of 2024
Y.Sureshkumar ... Petitioner
Vs.
1.The Principal Secretary To Government,
Home (POL-IV) Department,
Secretariat,
Fort St. George, Chennai.
2.The Director General of Police,
Head of Police Force,
Mailapore, Chennai – 600 004.
3.The Inspector General of Police,
Central Zone, Subramaniyapuram,
Near TVS Tolgate, Trichy.
4.The Deputy Inspector General Of Police,
Thanjavur Range,
Old Court Road,
Thanjavur – 613 001.
5.The Superintendent of Police,
District Police Office,
Nagapattinam District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
WP(MD) No.14312 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents to
grant promotion to the petitioner in the post of the Deputy
Superintendent of Police with retrospective effect from 04.01.2018 viz.,
the date on which the petitioner's immediate junior, H.Sankaranarayanan
was promoted to the said post with all attendant and consequential
benefits and restore the petitioner's seniority by placing him over and
above the said Junior in the post of Deputy Superintendent of Police and
accordingly include the petitioner's name in the panel for the year
2024-2025 for the post of Additional Superintendent of Police in the
light of the petitioner's representation dated 21.05.2024.
For Petitioner : Mr.N.Dilipkumar
For Respondents : Mr.T.Amjadkhan
Government Advocate
ORDER
The petitioner has filed this Writ Petition seeking for a Writ of
Mandamus directing the respondents to grant promotion to the petitioner
in the post of the Deputy Superintendent of Police with retrospective
effect from 04.01.2018 viz., the date on which the petitioner's immediate
junior, H.Sankaranarayanan was promoted to the said post with all
attendant and consequential benefits and restore the petitioner's seniority
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by placing him over and above the said Junior in the post of Deputy
Superintendent of Police and accordingly include the petitioner's name
in the panel for the year 2024-2025 for the post of Additional
Superintendent of Police in the light of the petitioner's representation
dated 21.05.2024.
2. Heard Mr.N.Dilipkumar, learned counsel for the petitioner and
Mr.T.Amjadkhan, learned Government Advocate for the respondents.
3. By consent of both parties, this Writ Petition is taken up for
final disposal at the stage of admission itself.
4. The petitioner herein had given a representation to the
respondents on 21.05.2024 seeking to consider his case. The petitioner
has submitted all the earlier communications and the Judgments of this
Court along with the above representation in this regard. Since the said
representation was not considered by the respondents so far, the present
writ petition has been filed.
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5. It is needless to point out that whenever a representation of this
nature is made to a Statutory Authority, there is a duty cast upon the
respondents to consider the same on its own merits and pass appropriate
orders in one way or other, instead of keeping the same pending
indefinitely. As such, non-consideration of the representation by the
Statutory Authority would amount to dereliction of duty. The failure on
the part of the authority had prompted the petitioner to file this petition
for seeking relief through issuance of Writ of Mandamus. As the
petitioner has made out a case for invoking the extraordinary powers of
this Court under Article 226 of the Constitution of India, the
respondents are required to be given with a direction to consider the
representation of the petitioner within a specified time frame.
6. In the light of the above observations, there shall be a direction
to the second respondent herein to consider the petitioner's
representation dated 21.05.2024 on its own merits and pass appropriate
orders in accordance with law, within a period of four weeks from the
date of receipt of a copy of this order. It is made clear that this Court has
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not gone into the merits of the claim of the petitioner and it is open to
the respondents to consider the same on its own merits.
7. With the above direction, the Writ Petition stands
disposed of. No costs.
01.07.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
sm
To
1.The Principal Secretary To Government,
Home (POL-IV) Department,
Secretariat, Fort St. George, Chennai.
2.The Director General of Police,
Head of Police Force, Mailapore, Chennai – 600 004.
3.The Inspector General of Police,
Central Zone, Subramaniyapuram,
Near TVS Tolgate, Trichy.
4.The Deputy Inspector General Of Police,
Thanjavur Range, Old Court Road, Thanjavur – 613 001.
5.The Superintendent of Police,
District Police Office, Nagapattinam District.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
sm
Order made in
01.07.2024
https://www.mhc.tn.gov.in/judis
