Back
2020 Supreme(Mad) 161
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHAVANI SUBBAROYAN, J.
Subbiah (Died) & Others - Appellant
Versus
The Principal Secretary to Government, Home Department, Chennai & Others - Respondent
W.P(MD)No. 16514 of 2012 & M.P(MD)No. 1 of 2012
Decided On : 16-03-2020
For the Petitioners:A. Thirumurthy, Advocate. For the Respondents: J. Gunaseelan Muthiah, Additional Government Pleader.
The court emphasized the importance of considering review applications and passing orders on merits in accordance with the law.
Headnote:
Promotion - Sub-Inspector of Police - Tamil Nadu Administrative Tribunal - O.A.No.2176/1991 - C.No.A1/2364/2005 - Na.Ka.No.A1/2821/12 - 1985 'C' list - Regularization of services - Review application - Consideration of merits
Fact of the Case:
The petitioner sought promotion as a regular Sub-Inspector of Police from 02.01.1985 and the grant of associated benefits. The petitioner's review application was not considered, leading to the filing of a writ petition.
Finding of the Court:
The court directed the respondents to consider the review application submitted by the petitioner and pass orders on merits and in accordance with the law by a specified date.
Issues: Non-consideration of review application, denial of promotion, and associated benefits.
Ratio Decidendi: The court held that the petitioner's review application ought to have been considered and orders passed on merits. The respondents were directed to consider the review application and pass orders within a specified timeframe.
Final Decision: The writ petition was disposed of with the direction for the consideration of the review application by the respondents and the passing of orders on merits and in accordance with the law.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the orders passed by the fifth respondent in para-6 of Order Endorsement C.No.A1/2364/2005 dated 06.03.2007 and Endorsement Na.Ka.No.A1/2821/12 dated 04.08.2012 and quash the same and consequently, direct the respondents to promote the petitioner as regular Sub-Inspector of Police with effect from 02.01.1985 and grant all the service, monetary and pensionary benefits.)
1. This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the orders passed by the fifth respondent in para-6 of Order Endorsement C.No.A1/2364/2005 dated 06.03.2007 and Endorsement Na.Ka.No.A1/2821/12 dated 04.08.2012 and quash the same and consequently, direct the respondents to promote the petitioner as regular Sub-Inspector of Police with effect from 02.01.1985 and grant all the service, monetary and pensionary benefits.
2. The case of the petitioner is that he was working as Grade-II Police Constable and joined police service in the year 1963 and he retired from service on 31.03.1999. On 06.01.1974 he was promoted as Grade-I Police Constable and on 09.01.1981 he was promoted as Head Constable in Railway Police Department, Trichy. On 17.12.1984 he was transferred to CCIW, CID and he was temporarily promoted as Sub-Inspector of Police and he joined duty on 02.01.1985. There are many persons, who were appointed as Sub-Inspector of Police as temporary basis, even the petitioner and the similarly placed persons had filed petition before the Tamil Nadu Administrative Tribunal in O.S.No.2176 of 1991. Wherein the said Tribunal has issued directions to regularize the services of the Sub-Inspectors, who have not appeared for 1985 promotion test but acting as temporary Sub-Inspector prior to 1985 promotion test and continued to officiate as Temporary Sub-Inspector even after 1985 selection list (i.e., called as “C” Test) irrespective whether they were eligible for consideration in 1985 selection.
3. The petitioner further submitted that on 28.04.1993 the DIG of Police, Chengalpet Range issued orders promoting 18 Temporary Sub- Inspectors who have not attended 1985 promotion test but acting as Temporary Sub-Inspectors prior to 1985 promotion list and continuously officiated Sub-Inspectors on the basis of the above said orders passed by the Hon'ble Tribunal (TAT). He has been promoted as Sub-Inspector from 1985 but petitioner has been left out. On 10.06.1993 the petitioner submitted a representation to include his name in the above order dated 28.04.1993 issued by the DIG of Police Chengalpet and to give regular promotion as Sub-Inspector on par with others listed in para 7 of the said order. On 30.03.1995 the fifth respondent Superintendent of Railway Police, Trichy directed him to attend before promotion Board to consider him for promotion. The petitioner had filed a O.A.No.2311 of 1995 to include his name in “C” list and promote him on par with the other similarly placed persons. The Tribunal on 13.11.1995 has passed the following Common Order in O.A.No.2311/1995 along with O.A.No. 1565 of 1995:-
“63..... By implementing the order passed in O.A.No. 2176/1991 and other cases, about 1000 Head Constables were promoted as Sub-Inspectors. While that be so, if some of them who are entitled to the benefits of the order in these cases are left out, it would amount to unfair discrimination.
In case these applicants are entitled to the benefits of the order in O.A.No.2176/1991 and batch cases, they shall be given those benefits and they need not again undergo the tests. These applicants are at liberty to make representations to the appropriate authorities with regard to their claim for getting the benefits of the orders passed in O.A.No.2176/91 and batch cases and if they are
