D. LALITHAMALINI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has approached this court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order of the first respondent, G.O.(D) No.1022 Home (Police-3) Department Dated 10.8.2008 with consequential relief of writ in the nature of mandamus to promote the petitioner's husband as Inspector of Police notionally in the light of G.O.Ms.No.1056 Home (Police-3) Department dated 1.11.2006 with all consequential benefits.

(2.) THE petitioner is a widow of late Thiru.G. Devairakkam, who retired as Sub Inspector of Police. The husband of the petitioner was enlisted as a Constable in the Armed Reserve on 10.11.1971 and promoted as a Lance Naik in the year 1973. He was thereafter promoted as Sub Inspector of Police in the year 1997. The husband of the petitioner rendered 35 years of unblemished service and retired from service, on attaining the age of superannuation, on 30.11.2006.

(3.) THE case of the petitioner is that her husband retired from service on 30.11.2006 i.e., after the enforcement of amended rule on 1.11.2006 therefore, her husband had a right to be promoted to the post of Inspector of Police and that promotion was wrongly denied to him. Therefore, the husband of the petitioner made number of representations seeking promotion to the post of Inspector notionally from 1.11.2006 and having failed to get response from the respondents filed a Writ Petition No.6533 of 2008, for issuance of a Writ in the nature of mandamus to consider the representation of the petitioner for promotion as Inspector of Police notionally with effect from 1.11.2006.