High Court Madras High Court

S. Gunasekaran vs State Of Tamil Nadu on 3 February, 2010

Madras High Court
S. Gunasekaran vs State Of Tamil Nadu on 3 February, 2010
       

  

  

 
 
 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.2.2010

CORAM:-

The Hon'ble Mr. Justice R. SUDHAKAR

Writ Petition No. 34992 of 2006

.....

       
1. S. Gunasekaran
2. M. Perumal
3. K. Veerapathiran
4. M. Tirupathi  
5. M. Sahadevan							PETITIONERS  
   


        						  Vs

				 
1.  State of Tamil Nadu, rep. 
    By  Secretary to Government,
    Home (Police III)
    Department, Chennai.9.

2. The D.G.P.,
     Chennai.4.

3. The Deputy Inspector General of Police,
    Tiruvallur District,
    Chengalpet Range.

4. The Superintendent of Police,
    Thiruvallur District,
    Chengalpet Range.						.. Respondents


   

   Original Application No.9046 of 1998 on the file of Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as W.P.No.34992 of 2006, praying for the issuance of a writ of Certiorarified Mandamus, under Article 226 of the Constitution of India to  call for the records of the 2nd respondent in C.No. 154645/NGB/IV(3/98), dated 29.9.1998 and the consequential order of the 3rd respondent in C.No.11838/98, dated 7.10.1998 quashing the said orders and issue consequential directions to select the petitioners as Sub Inspectors of Police by promotion based on their seniority in the feeder category of Head Constable with all consequential service and monetary benefits. 

		For Petitioners        :  No Appearance

		For Respondents     :  Mr. B. Vijay
					   Govt. Advocate

ORDER

This writ petition is filed by the petitioners to call for the records of the 2nd respondent in C.No. 154645/NGB/IV(3/98), dated 29.9.1998 and the consequential order of the 3rd respondent in C.No.11838/98, dated 7.10.1998 quashing the said orders and issue consequential directions to select the petitioners as Sub Inspectors of Police by promotion based on their seniority in the feeder category of Head Constable with all consequential service and monetary benefits.

2,. The writ petitioners, who are aged about 46, 53,51,52 and 46 years respectively, have challenged the memorandum dated 29.9.1998 for convening the Range Promotion Board for drawal of ‘C’ list of Head Constables(legal) fit for promotion as Sub Inspector of Police for the year 1998.

3. The memorandum in this Case is issued in terms of Rule 3 of Special Rules for Tamil Nadu Police Subordinate Services. Such Rule having not been challenged, the petitioners are not entitled to challenge the memorandum alone. No relief can be granted at this point of time as the issue has become stale. Hence, this writ petition is dismissed. No costs.

03.2.2010
ra
To

1. The Secretary to Government,
Home (Police III)
Department, Chennai.9.

2. The D.G.P.,
Chennai.4.

3. The Deputy Inspector General of Police,
Tiruvallur District,
Chengalpet Range.

4. The Superintendent of Police,
Thiruvallur District,
Chengalpet Range.

R. SUDHAKAR,J.,

WP No. 34992 of 2006

Date: 03.2.2010