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2009 Supreme(Mad) 3978
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. VENKATARAMAN
R. Thirunavukkarasu
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, Home Department, Secretariat, Chennai
W.P. Nos. 35716, 36553, 33375, 37136 to 37141 of 2007, 15231, 8417, 3455, 8855, 3905, 10760, 2939 of 2008 & All Connected M.P's
Decided on : 4-10-2009
For the Petitioner:V. Raghavachari, N. Manoharan, Advocates. For the Respondents:R1 & R2, P.S. Raman, Advocate General Asst. by Pushpa Menon, Advocate, R8 to R13, R18 & R19, G. Sankaran, R20 to R30, A. Uma Shankar, Advocates.
Accelerated promotion granted to police personnel for nabbing forest brigand Veerappan was not based on individual appraisals of acts of bravery, and thus, the government was justified in passing an impugned order deleting a clause in the earlier order that had granted accelerated consequential seniority to the promotees. The accelerated promotion was only for one stage and did not confer accelerated consequential seniority.
Headnote:
Accelerated promotion granted to police personnel for nabbing forest brigand Veerappan was not based on individual appraisals of acts of bravery, and thus, the government was justified in passing an impugned order deleting a clause in the earlier order that had granted accelerated consequential seniority to the promotees. The accelerated promotion was only for one stage and did not confer accelerated consequential seniority.
Fact of the Case:
A batch of writ petitions were filed challenging the deletion of a clause in a government order (G.O.) that had granted accelerated consequential seniority to police personnel who were accorded one stage accelerated promotion for their role in nabbing forest brigand Veerappan. The petitioners contended that the accelerated promotion was granted strictly in compliance with guidelines and that the government's action was arbitrary and violative of their fundamental rights.
Finding of the Court:
The court found that the accelerated promotion was not granted based on individual appraisals of the acts of bravery of each member of the Special Task Force (STF) team that had been involved in the operation to nab Veerappan. The court also found that the government was justified in passing the impugned order deleting the clause in the earlier order that had granted accelerated consequential seniority to the promotees, as the accelerated promotion was only for one stage and did not confer accelerated consequential seniority.
Issues: 1. Whether the accelerated promotion granted to the petitioners was based on individual appraisals of acts of bravery. 2. Whether the government was justified in passing the impugned order deleting the clause in the earlier order that had granted accelerated consequential seniority to the promotees.
Ratio Decidendi: The court held that the accelerated promotion was not granted based on individual appraisals of the acts of bravery of each member of the STF team that had been involved in the operation to nab Veerappan. The court also held that the government was justified in passing the impugned order deleting the clause in the earlier order that had granted accelerated consequential seniority to the promotees, as the accelerated promotion was only for one stage and did not confer accelerated consequential seniority.
Final Decision: The court dismissed the writ petitions.
The issue involved in these writ petitions are whether the police officials, who have been accorded one stage accelerated promotion by virtue of G.O.Ms.No.1252 dated 210. 2004, for the service rendered by them in the elimination of sandal wood veerappan are eligible for further promotion, they being seniors to the promotional post, even though they were juniors to several persons in the original post which they were holding, before their accelerated promotion.
2. The short facts which led the petitioners to file the above referred writ petitions set out in the affidavit in support of the writ petitions, in nut shell are stated here under:-
1. The petitioners were police constables, Sub-Inspectors, Inspector of Police, Deputy Superintendent of Police etc., before the Government issued G.O.Ms.No. Home (Pol VIII) department 1252 dated 210. 2004. By virtue of the said G.O, the petitioners were awarded accelerated promotion for the service rendered by them for the elimination of Sandal Wood Veerappan. One stage accelerated promotion was given to 748 Special Task Force personnel involved in the operation.
2. 2. In G.O.Ms.No.468 dated 19.03.1996, certain guidelines have been issued for giving accelerated promotion to the police personnel in various ranks. In compliance with the said Government Order, another proceeding was issued to the Director General of Police, chennai in circular dated 27.01.1997, prescribing format for considering accelerated promotion. Thereafter, G.O.Ms.No.1252 dated 210. 2004 was issued by the first respondent. Clause 5(e) of the said G.O dealt with the fixation of seniority. As per the said clause, the persons who have been accorded accelerated promotion will have to be placed at the bottom of the seniority list of the respective category existing on the date of their joining duty in the new post.
3. Later G.O.Ms.No.1396 Home department dated 010. 2007 was issued in and by which clause 5(e) of G.O.Ms.No.1252 Home department dated 210. 2004 had been deleted and substituted by a new clause denying accelerated consequential seniority. Thus, challenging the said clause in G.O.Ms.No.1396 dated 010. 2007 these writ petitions have been filed.
3. Counter affidavit was filed on behalf of the Government wherein the following facts have been set out:-
1. The Government in G.O.Ms.No.1252 Home department dated 210. 2004 have granted accelerated promotion to 748 police personnel and also granted cash award of Rupees three lakhs and a house site to each of them vide G.O.Ms.No.1237 Home department dated 210. 2004.The Government has also granted accelerated promotion to 159 Special Task Force police personnel and granted cash award of Rupees two lakhs each vide G.O.Ms.No.1346 Home department dated 012. 2004, including petitioners herein. The Government created supernumerary post in the respective cadres at a huge cost to avoid stagnation of further promotion for the seniors of the accelerated promotees in the lower cadre.
3. 2. The qualifications prescribed in the service rules have to be relaxed in favour of the personnel who were involved in the Special Task Force operation including the petitioners as a one time measure so as to accommodate them in the accelerated promotion list.
3. 3. The police personnel who were regularly empanelled and seniors to the accelerated promotees in their lower cadre have protested by saying that the accelerated promotees should not get any higher seniority in view of such accelerated promotion. This was considered by the Government and the anomaly was set right by passing Government Order in G.O.Ms.No.1396 Home department dated 010. 2007.
3. 4. There is no special rule for giving consequential seniority to accelerated promotees among police personnel in the Tamil Nadu Police Service or in other statutory rules.
5. The seniority of service is fixed as per Rule 35 of the general rules in the Tamil Nadu State and Subordinate Services Rules. As per the said Rule, the seniority o
