A. SUBRAMANIAN Vs. THE DIRECTOR GENERAL OF POLICE
LAWS(MAD)-2014-12-88
HIGH COURT OF MADRAS
Decided on December 08,2014

A. SUBRAMANIAN Appellant
VERSUS
The Director General Of Police Respondents

JUDGEMENT

M.M. Sundresh, J. - (1.) THE petitioner joined the services of the respondents as Grade II Police Constable. Thereafter, he was promoted as Grade I Police Constable in the year 1995. It is the case of the petitioner that he should have been promoted as Special Sub Inspector of Police on completion of 25 years of service as per G.O.Ms.No. 15, Home (Police IV) Department dated 7.1.2010.
(2.) THE learned counsel for the petitioner submitted that while considering the very same issue, this Court in W.P. No. 30595 of 2014 dated 24.11.2014 (C.Dawood Khan v. Director General of Police, Chennai) was pleased to direct the respondents to pass appropriate orders on merits. In W.P.No. 30595 of 2014, after taking note of the earlier order, the following order was passed on 24.11.2014: - ''The petitioner herein is a head constable. The grievance of the petitioner is that he is entitled for the benefit of the Government Order in G.O.Ms.No. 15 Home (Police IV) Department dated 07.01.2010. Accordingly, the petitioner made a representation on 25.01.2014 seeking the benefit of the Government Order as well as the orders passed by this Court. The learned counsel for the petitioner has also made reliance upon the recent order of this Court passed in W.P.No. 27384 of 2014 dated 15.10.2014 wherein it is held as follows - It is the case of the petitioner that he is similarly placed like that of those officers who are the beneficiaries of the order passed in W.A.(MD) Nos. 1506/2011 etc., batch dated 17.06.2013 by the Hon'ble Division Bench of this Court and Government Order in G.O.Ms.No. 15 Home (Police IV) Department dated 07.01.2010. Under those circumstances, petitioner made a representation dated 24.01.2014 to the second respondent. Since no orders have been passed on his representation, he has come forward with the present writ petition. 2. The learned counsel for the petitioner submitted that in spite of the petitioner's representation, no orders has been passed and therefore, the said authority has to pass orders on pending petitioner's representation dated 24.01.2014 by taking into consideration of the above said orders passed by the Hon'ble Division Bench of this Court in W.A.(MD) Nos. 1506/2011 etc., batch dated 17.06.2013 as well as Government Order in G.O.Ms.No. 15 Home (Police IV) Department dated 07.01.2010. 3. This Court is of the view that scope and applicability of the Government Order relied upon by the petitioner as well as the order passed by the Hon'ble Division Bench of this Court is a factor to be considered by the second respondent while considering the representation of the petitioner dated 24.01.2014. Therefore, without expressing anything on the merits of the case, this Court directs the second respondent to consider the petitioner's representation dated 24.01.2014 on merits and in accordance in law within a period of eight weeks from the date of receipt of a copy of this order. The said authority is also directed to consider the scope and applicability of the aforesaid Government Order as well as the order passed by the Hon'ble Division Bench of this Court in W.A.(MD) Nos. 1506/2011 etc., batch dated 17.06.2013.
(3.) WITH the above directions, this writ petition is disposed of. No costs. 2. The learned Additional Govt. Pleader has also submitted that the case of the petitioner stands in the similar footing and the order passed by this Court referred supra is applicable to the present case also. 3. Considering the above said submissions, this writ petition stands disposed of on the very same terms as ordered in W.P.No. 27384 of 2014.'';


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