The petitioner has filed the above Writ Petition to quash the proceedings of the second respondent vide C.P.O. No.2035/2015 C.No.A2/50586/2788/2015, dated 01.09.2015, insofar as the same in not granting promotion to the petitioner to the post of Special Sub Inspector of Police with effect from 01.01.2008 and for consequential direction to the respondents to promote the petitioner as Special Sub Inspector of Police with effect from 01.01.2008 and to pay all the monetary and consequential benefits to the petitioner.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The case of the petitioner in brief in the affidavit filed in support of the Writ Petition are as follows:
3.1.The petitioner was appointed as Bugler Police in the respondent department in the year 1971. The petitioner's post is equivalent to the cadre of Police Constable. As per G.O.Ms.No.1681, Home (POLICE-V) Department, dated 12.10.1992, all the Grade-II Police Constables who were appointed before 1975 and completed 10 years of service were upgraded as Grade-I Police Constables with effect from 01.09.1993. The first respondent also passed another order vide G.O.Ms.No.937, Home (POLICE-III) Department, dated 21.07.1998 to upgrade all the Grade-II Police Constables who have completed 10 years of service as Grade-I Police Constables and to upgrade as Head Constables upon completion of 5 years of service in the cadre of Grade-I Police Constables. The said G.O.Ms.No.937, Home (POLICE-III) Department, dated 21.07.1998 also contemplates further promotion as Special Sub Inspector of Police upon completion of 10 years of service as Head Constables. Subsequently, another Government Order was passed in G.O.Ms.No.15, Home (Pol.-V) Department, dated 07.01.2010 giving power to the respective Superintendent of Police / Commissioner of Police to give upgradation. The later Government Order was also provide for promotion by upgradation. It is further clarified that a person who has completed 10 years of service as Head Constable and completed 25 years of total service is eligible to be promoted as Special Sub Inspector of Police from the first month succeeding the date of completion of 25 years of service.
3.2.The petitioner who was appointed as Bugler Police in the year 1971 was eligible for upgradation as Grade-I Police Constable with effect from 01.01.1993 as per G.O.Ms.No.1681, Home (POLICE-V) Department, dated 12.10.1992. The petitioner is also eligible to be promoted as Head Constable with effect from 01.01.1998 and then eligible for further promotion as Special Sub Inspector of Police with effect from 01.01.2008 as per G.O.Ms.No.15, Home (Pol.-V) Department, dated 07.01.2010.
3.3.Since the respondents did not consider the petitioner's upgradation to the post of Grade-I Police Constable with effect from 01.01.1993 and further upgradation as Head Constable with effect from 01.01.1998, he approached this Court by filing a Writ Petition in W.P.(MD)No.8922 of 2012. This Court by order dated 26.11.2013, directed the respondents to apply norms reiterated by this Court in a common judgment passed in a batch of cases rendered on 17.06.2013. Since the respondents failed to give effect to the order of this Court, the petitioner once again was constrained to file another Writ Petition in W.P.(MD)No.18728 of 2014 for issuance of a Writ of Mandamus directing the first respondent to reckon the seniority of the writ petitioner from the date of recruitment and to give promotion and other attendant monetary benefits on par with his batch-mates based on the petitioner's representation dated 23.09.2014. The Writ Petition in W.P.(MD)No.18728 of 2014 was allowed after holding that the issue involved in the Writ Petition is covered by the judgment of this Court date 08.12.2009 in W.P.(MD)No.1783 of 2007 and batch which was later confirmed by a Division Bench of this Court in W.A.(MD)No.539 to 541 of 2009 by a judgment date 08.12.2009. With the above observation the Writ Petition was allowed in the light of the judgment in Writ Appeal (MD)Nos.539 to 541 of 2009.
3.4.Pursuant to the direction of this Court in W.P.(MD)No.18728 of 2014, the petitioner submitted a representation on 23.06.2015 to the second respondent. However, by the impugned proceedings dated 01.09.2015, the second respondent passed an order by which the petitioner's entitlement to get the promotion by upgradation to the post of Grade-I Police Constable with effect from 01.01.1993 and further promotion to the post of Head Constable with effect from 01.01.1998, was granted. However, the second respondent has not granted further promotion to the post of Special Sub Inspector of Police upon completion of 10 years of service with effect from 01.01.1998.
3.5.The grievance of the petitioner in the present Writ Petition is that the second respondent ought to have promoted the petitioner with effect from 01.01.2008 which was illegally denied to the petitioner.
3.6.It is the specific case of the petitioner that the petitioner is entitled to be promoted with effect from 01.01.2008 as Special Sub Inspector of Police on completion of 10 years of service as Head Constable and that the second respondent has passed the impugned order without considering or following the G.O.Ms.No.15, Home (Pol.-V) Department, dated 07.01.2010. The petitioner also in the affidavit filed in support of this Writ Petition, referred to the case of promotion that was given to a Head Constable by name V.Jeyaraman who retired from service on 30.06.2008.
4.The second respondent has filed a counter affidavit contending that the petitioner is not entitled to the relief. The main contention in the counter affidavit of the second respondent is that the petitioner retired from service on attaining age of superannuation on 31.05.2008 and that as per G.O.Ms.No.937, Home (POLICE-III) Department, dated 21.07.1998, the petitioner is eligible for the upgradation as Special Sub Inspector of Police only on the first June of 2008. Since the petitioner retired on 31.05.2008, even before the date on which the petitioner was eligible to be upgraded as Special Sub Inspector of Police, he is not eligible to be promoted as Special Sub Inspector of Police. Having regard to the stand taken by the second respondent, it is relevant to refer to G.O.Ms.No.937, Home (POLICE-III) Department, dated 21.07.1998. It is contended by the respondent that the crucial date for upgradation as Special Sub Inspector of Police is the first day of June every year. It is only for the reason that the petitioner could not be promoted while he was in service, the second respondent justified the impugned order.
5.As pointed out in the counter affidavit in G.O.Ms.No.937, Home (POLICE-III) Department, dated 21.07.1998, it has been categorically stated that the crucial date for upgradation as Special Sub Inspector of Police is first day of June every year. Paragraph 6(c) of the Government Order states as follows:
?ne;j g[jpa gjtpf;F xt;bthU Mz;Lk;, $Pd; jpA;fs; Kjy; ehsd;W gj;jp 2-y; Fwpg;gpl;l Kd;W gphpt[fspy; gzpg[hpa[k; jFjpa[ila fhtyh;fs; / jiyikf; fhtyh;fs;, #tpy;jhh;fs; gl;oaiy rk;ge;jg;gl;l ruf fhty;Jiw Jizj; jiyth; / fhty; Mizah; / ruf fhty;Jiw Jizj; jiyth; (Brkg;gil) jiyikapy; cs;s ruf gjtp cah;t[f;FG (Range Promotion Board) To jahhpj;J jdJ ghpe;Jiua[ld; fhtyJiwj; jiyik naf;FeUf;F mDg;gp itf;Fk;, ne;j gl;oaiyj; jkJ ghpe;Jiua[ld; fhty;Jiwj; jiyik naf;Feh; muRf;F mDg;gp itg;ghh;. njd; mog;gilapy; jFjpa[ilath;fSf;F gjtp cah;t[ mspj;J muR xt;bthU Mz;Lk; $Piy jpA;fspy; Miz gpwg;gpf;Fk;.?
6.Thus, the petitioner is eligible to get promotion by upgradation only with effect from 01.06.2008. Since the petitioner has retired from service on attaining the age of superannuation on 31.05.2008, there is no scope for extending the benefit of G.O.Ms.No.937, Home (POLICE- III) Department, dated 21.07.1998.
7.The further point argued by the learned counsel for the petitioner is on the basis of notional promotion that was given to yet another person who was given notional promotion with effect from 30.06.2008. It is relevant to point out that the precedent cited by the learned counsel for the petitioner clearly shows that the person by name Mr.V.Jeyaraman retired from service only on 30.06.2008. However, as per G.O.Ms.No.937, Home (POLICE-III) Department, dated 21.07.1998, he is eligible to get promotion by upgradation with effect from 01.06.2008. The date of retirement of the other person is also admitted by the petitioner even in the fourth ground raised by him in the Writ Petition. Therefore, the petitioner cannot claim the benefit that was extended to one Mr.V.Jeyaraman who has completed 10 years of service as Head Constable prior to 01.61.2008 and eligible to get promotion by being in service till 30.06.2008. The learned counsel for the petitioner further relied upon G.O.Ms.No.15, Home (Pol.-V) Department, dated 07.01.2010. As per the latest Government Order, the Deputy Inspector General of Police / Commissioners of Police are required to upgrade the police personnel who have completed 25 years of service, out of which 10 years of service have been completed as Head Constables from the first day of the month succeeding the date of completion of 25 years of service. Unfortunately, it is to be noted that G.O.Ms.No.15, Home (Pol.-V) Department, dated 07.01.2010 has no application to the petitioner's case, since the petitioner retired from service long prior to G.O.Ms.No.15, Home (Pol.-V) Department, dated 07.01.2010. Since the petitioner was not in service on the crucial date specified for considering the promotion of petitioner by upgradation, as per G.O.Ms.No.937, Home (Police-III) Department, dated 21.07.1998, the petitioner is not entitled to get promotion to the post of Special Sub Inspector of Police with effect from 01.01.2008.
8.For the reasons stated above, this Writ Petition deserves dismissal and accordingly, the Writ Petition is dismissed. No costs.
To
1.The Secretary, Home Department, Fort St. George, Chennai ? 600 009.
2.The Commissioner of Police, Madurai City, Madurai..