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C.Senthil Kumar v. the State of Tamil Nadu

Madras HC8 Jan 2025WP/457/2025

Case brief

AI extract

What is this about?

Seniority fixation Tamil Nadu police; Sub-Inspector selection grade number 461 vs 661; rectification R.C.No.018553/Rect.1/04 dated 11.05.2005; 1994-1995 direct recruitment batch; training 19.04.1999 with 1997-1998 batch; approved list for promotion to Additional Superintendent of Police dated 27.12.2024; junior Mr.Kalaiyarasan/Mr.Kalaiarasan promoted; mandamus under Article 226 of the Constitution of India to consider representations dated 18.08.2023 and 24.10.2024; twelve-week compliance timeline; W.P.No.457 of 2024; V. Bhavani Subbaroyan, J.; disposed without deciding merits; no costs.

What did the court decide?

Direction to the respondents to consider the petitioner's representation and pass orders on merits and in accordance with law within twelve weeks from receipt of a copy of the order; writ petition disposed of with no order as to costs.

C.Senthil Kumar Vs the State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to consider the petitioner's representations dated 18.08.2023 and 24.10.2024, fix his seniority in the appropriate place as per the actual selected list of graduation number 461 among Sub-Inspectors recruited in 1994-1995, and include his name in the approved list for promotion to the post of Additional Superintendent of Police dated 27.12.2024 on par with his junior Mr.Kalaiyarasan, with consequential benefits.

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Court's answer

Without expressing any opinion on the merits of the case, and considering the limited relief sought, the Court directed the respondents to consider the petitioner's representation and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ Petition (Madras High Court, V. Bhavani Subbaroyan, J., 08.01.2025) — Petitioner, a Sub-Inspector of Police actually recruited for the year 1994-1995, joined the Department belatedly owing to a pending criminal case and was trained from 19.04.1999 with the 1997-1998 direct recruitment batch; his selection grade number was erroneously recorded as 661 instead of 461 and was rectified by the second respondent vide R.C.No.018553/Rect.1/04 dated 11.05.2005. Seeking fixation of seniority per grade number 461 and inclusion in the approved list for promotion to Additional Superintendent of Police dated 27.12.2024 on par with his junior Mr.Kalaiyarasan, his representations dated 18.08.2023 and 24.10.2024 went unconsidered. Held: without expressing any opinion on the merits, respondents directed to consider the representation and pass orders on merits and in accordance with law within twelve weeks; writ petition disposed of, no order as to costs.

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W.P.No.457 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2025

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.457 of 2025

C.Senthil Kumar

...Petitioner

1. The State of Tamil Nadu,

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Represented by its Principal Secretary to Government, Department of Home,Prohibition & Excise, Secretariat, Fort ST. George, Chennai – 600 009.

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The Director General of Police/ HoPF, Tamil Nadu, Dr. Radhakrishnan Salai, Mylapore, Chennai – 600 004.

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to consider petitioner's representation dated 18.08.2023 and 24.10.2024 and fix his seniority in the appropriate place as per the actual selected list of graduation number 461 placed along with the petitioner's immediate senior candidates who have secured more marks who were recruited for the year 1994-1995 and appointed on 01.03.1996 and in the cadre of

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Deputy Superintendent of Police and to include the petitioner name in the approved list for promotion to the post of Additional Superintendent of Police dated 27.12.2024 on par with petitioner's junior Mr.Kalaiyarasan with consequential benefits and pass orders.

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For Petitioner : Mr. P. Kumaravel For Respondent : Mr. Yogesh Kannadasan Special Government Pleader

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ORDER

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By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.

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This petition is filed seeking to issue a Writ of Mandamus

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directing the Respondents to consider petitioner's representation dated 18.08.2023 and 24.10.2024 and fix his seniority in the appropriate place as per the actual selected list of graduation number 461 placed along with the petitioner's immediate senior candidates who have secured more marks who were recruited for the year 1994-1995 and appointed on 01.03.1996 and in the cadre of Deputy Superintendent of Police and to include the petitioner name in the approved list for promotion to the post

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W.P.No.457 of 2024

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of Additional Superintendent of Police dated 27.12.2024 on par with petitioner's junior Mr.Kalaiyarasan with consequential benefits and pass orders.

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The facts of the case is that the petitioner who is working as S.I in the Sub Inspector of Police. The sum and substance of the case is that he was actually recruited in the year 1994-1995 and due to a criminal case pending against him he has joined the Department belatedly and he was he was sent for training on 19.04.1999 along with the candidates who were selected under direct recruitment for the year 1997-1998. The grievance of the petitioner is that his actual selection grade number is 461 whereas it was taken as 661 and the same was also rectified by the proceedings of the second respondent vide order dated R.C.No.018553/Rect.1/04 dated 11.05.2005. It is pertinent to note that the said error happened only due to the reason that petitioner's name should be placed in the appropriate place of Sub Inspector's who were recruited in the year 1994-1995 whereas, his name was found in the seniority list of SI in the year 1994-1995 and appointed on 02.06.1997. Hence the petitioner has given a representation to the respondents on various dates and finally on 24.10.2024. However, the same was not 3/6

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considered till date. Hence, this petition.

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The learned counsel for the petitioner submitted that the first respondent had approved a list for promotion to the cadre of Additional Superintendent of Police and one person by name Mr.Kalaiarasan, who is junior to the petitioner was promoted. Hence, prays this Court to issue a direction to the respondents to consider petitioner's representation dated 27.12.2024 and pass orders.

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The learned Special Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner on merits and in accordance with law.

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Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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