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2023 Supreme(Mad) 1863

R. SURESH KUMAR, K. K. RAMAKRISHNAN
O. Shyed Mohaideen – Appellant
Versus
Superintendent of Police, Madurai – Respondent


Advocates appeared:
For the Appellant:T. Cibi Chakkaraborthy, Advocate. For the Respondents: R1 to R4, A.K. Manikkam, Special Government Pleader. R5 to R7, No appearance.

JUDGMENT

(Prayer: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 11.04.2012 made in W.P.(MD)No.2329 of 2011 on the file of this Court.)

 R. Suresh Kumar, J.

1. This Intra Court appeal has been directed against the order passed by the Writ Court dated 11.04.2012 made in W.P.(MD)No.2329 of 2011.

2. It is the case of the appellant, who was writ petitioner before the Writ Court, that, he joined as a Police Constable Grade – II on 25.05.1988 in the Tamil Nadu Police Service and he was immediately attached to Motor Transport Branch on Other Duty basis.

3. Even though he has attached to M.T. wing, his lien continued in the regular wing, which is otherwise called as Armed Reserve wing.

4. After some years, normally test would be conducted for promotional avenue and the said test even though was conducted for the Police people who are being in the regular line, such test had not been conducted to the petitioner and it had not been informed to the petitioner and therefore, he was not able to participate in the test. Had he been continued in the regular wing litself without attached with the M.T. wing on Other Duty basis, he would have been in a posi

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