Writ petitions seeking re-fixation of seniority and inclusion in promotion list for a police Sub-Inspector. The petitioner died during pendency; the court held the cause of action did not survive and dismissed the writ petitions as abated.
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WP.Nos.798 & 18433 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2024
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.P Nos.798 & 18433 of 2021
and
WMP.Nos.585 & 586 of 2022 and 19643 of 2021
K.Gurumoorthy
... Petitioner in both WPs
Vs.
Respondents in both WPs
Prayer in WP.No.798 of 2021: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings Rc.No. 298305/Rect.2(1)/2019 dated 28/10/2020 and quash the same and consequently direct the respondents herein to add the 231 marks along with 607.67 marks obtained by him during the final exams conducted at Tamilnadu Police Academy in the year 2011- 12 and re-fix the seniority of the petitioner taking into account the total marks obtained by him i.e. 838.7, together with all consequential service and monetary benefits, within a time frame.
Prayer in WP.No.18433 of 2021 :Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to include the petitioner's name in C' List of Sub-Inspectors of Police (Armed Reserve) fit for promotion as Inspector of Police (Armed Reserve) for the year 2020 issued in proceedings of the first respondent herein in his proceedings Rc.No. NGB-1(1)/E/0021/2020, NGB Order No.17/2021 dated 9/08/2021 at the
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WP.Nos.798 & 18433 of 2021
appropriate place taking into account the total marks 795-67obtained by him during the final exams conducted at Tamilnadu Police College, Ashok Nagar, Chennai 600083, together with all consequential service and monetary benefits, within a time frame.
In both WPs. For Petitioner : Mr.G.Bala and Daisy For Respondents : Mr.T.Cheziyen, Addl.Government Pleader.
COMMON ORDER
Today when these matters were taken up for hearing, the learned counsel
for the the petitioner submitted that the petitioner died.
2. The relief sought by the petitioner is to re-fix his seniority and to give
promotion; since the petitioner died, the cause of action does not survive.
3. Hence, this Writ Petition is dismissed as abated . No costs.
Consequently, the connected miscellaneous petitions are closed.
05.02.2024
Index : Yes Internet : Yes/No Speaking/Non- Speaking jrs
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WP.Nos.798 & 18433 of 2021
To
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WP.Nos.798 & 18433 of 2021
R.N.MANJULA, J. jrs
W.P Nos.798 & 18433 of 2021 and WMP.Nos.585 & 586 of 2022 and 19643 of 2021
05.02.2024
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1 provisions across 1 enactments
K.Gurumoorthy
Director General of Police, Tamil Nadu, Chennai-600 004
The Superintendent of Police, District Police Office, Tiruppur District
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
