IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 23.08.2006 CORAM THE HON'BLE MR. JUSTICE P. JYOTHIMANI W.P.No.27395 of 2006 K.Nagarajan .. Petitioner vs. 1. The Director General of Police, Chennai 600004. 2. The Superintendent of Police, District Police Office, Thanjavur District. 3. The Superintendent of Police, District Police Office, Pudukkottai District. .. Respondents Petition filed under Article 226 of the Constitution of India, praying this Court for the issue of a Writ of Mandamus, directing the first respondent herein to consider and pass orders on the petitioner's representation dated 24.2.2006 regarding upgradation to the post of Head Constable on par with his batch-mates and re-fixation of pay and sanction of increments, in the light of the final order passed in O.A.No.8132/2000 dated 7.3.2003 and proceedings of the 1st respondent in Rc.No.148169/Con.(1)/98 dated 13.8.2004 within a time frame. For Petitioner ... M/s.Bala & Daisy For respondents ... Mr.A.Edwin Prabakar, GA ORDER
The writ petition is filed for a direction against the 1st respondent to dispose of the representation of the petitioner dated 24.2.2006 regarding the upgradation of the post of Head Constable on par with his batch-mates and regularisation of pay. The petitioner while working as a Constable was placed under suspension and charges were framed against the petitioner and ultimately, the Tamilnadu Administrative Tribunal has set aside the charges by order dated 7.3.2003. However, as against the order of the Tribunal there is no further proceedings. It is also seen that the 1st respondent in his proceedings dated 13.8.2003 has also decided not to proceed further against the order of the Tribunal and hence, the order of the Tribunal has become final.
2.Ultimately, the petitioner is entitled to for all the benefits since the charges have been quashed. The petitioner has also made a representation to the 1st respondent on 24.2.2006.
3.Heard the learned counsel for the petitioner and Mr.A.Edwin Prabhakar, learned Government Advocate taking notice on behalf of the respondents.
4.Considering the above facts and circumstances, the 1st respondent is directed to consider and pass appropriate orders on the representation of the petitioner dated 24.2.2006 regarding upgradation of the petitioner and consequential benefits within a period of four weeks from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed of. No costs.
23.08.2006
ap
To
1. The Director General of Police,
Chennai 600004.
2. The Superintendent of Police,
District Police Office, Thanjavur District.
3. The Superintendent of Police,
District Police Office,
Pudukkottai District.