Amendments favoring in-service candidates in seniority over direct recruits violated constitutional equality, necessitating merit-based revisions.

JUDGMENT :

(Satish Chandra Sharma, J.)

1. Leave Granted.

2. The present appeals are arising out of common judgment dated 08.01.2020 passed in Writ Petition No. 25263/2009 and Writ Petition No. 33544/2018 by High Court of Judicature at Madras, which relates to disputes concerning seniority in the cadre of Sub-Inspector of Police in the State of Tamil Nadu.

3. The undisputed facts of the case reveal that the appellants before this Court were appointed as Sub-Inspectors of Police through a process of selection, keeping in view Tamil Nadu Police Subordinate Service Rules, 1955 (hereinafter referred to as “1955 Rules”). The 1955 Rules have been framed in exercise of powers conferred under the Tamil Nadu District Police Act, 1859, Chennai City Police Act, 1888 and Article 309 of the Constitution of India. The recruitment rules provide for various modes of recruitment which includes; (a) recruitment by transfer; (b) direct recruitment; and (c) recruitment by promotion. In the present case, the statutory provisions necessary to decide the controversy involved (relating to direct recruitment and promotion) are reproduced hereunder:

“Rule 3 – Method of Appointment and promotion

(a) (i) Appointment to the several classes and categories shall be made as indicated in Annexure – I.

(ii) Persons who were already included in the ‘C’ list for a particular year but not promoted before the expiry of the validity of the said list be considered for higher place in the list drawn in the subsequent year on merits of each case in preference to other persons included in the ‘C’ list.

(b) (i) Promotion to the under mentioned posts shall be made on grounds of merit and ability seniority being considered only where merit and ability are approximately equal.

Inspectors – Inspector of Police (Fingerprint)

Senior Reporter, Shorthand Bureau, Vellore Sub-Inspectors-Sub Inspector of Police (Fingerprint)

Assistant Sub-Inspectors (Omitted as per G.O. No. 721 (Home dated 26-4-1 w.ef. 3-5-1990)

Reserve Inspectors

Reserve Sub-Inspectors

Reserve Assistant Sub-Inspector (Deleted in G.O.Ms. No. 1827)

Head-Constables including Band Head Constables, Office of the Director General of Police, Madras.

Reserve Head Constables including Armourers, Signallers and Motor Transport Drivers.

(ii) Such promotion shall be made from a list of qualified candidates suitable for promotion prepared and finalised by

(a) The State Promotion Board constituted by the Director General of Police, subject to the appointment of the Government from time to time in the case of promotion to the post of inspectors, reserve Inspectors and Senior Reporters, Shorthand Bureau, Madras from the ranks of Sub-Inspectors, Reserve Sub-Inspectors and Junior Reporters, respectively.

(b) The Range Promotion Board in respect of various units as detailed below, subject to the approval of the Deputy Inspector General of Police or Commissioner of Police, Madras, as the case may be in respect of promotion from the posts of Head constables to Reserve Sub-Inspectors and from the post of Had Constables to Sub-Inspectors (There shall be only one combined list for promotion from the rank of Head Constables to Sub- Inspectors.

The Range Promotion Board of the Range specified in Column (1) of the Table below shall consist of the District and Unit specified in the corresponding entries in Column (2) therefor.

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