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2020 Supreme(Mad) 947

IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
V.M. Velumani, J.
S. Parthiban and Ors. – Appellants
Versus
Secretary to Government, Home Police Department, Government of Tamil Nadu and Ors. – Respondents
W.P.(MD) Nos. 1554, 3094, 3206 to 3211, 3528 of 2019, W.M.P. Nos. 1326 to 1328, 2293, 2294, 2499, 2500 to 2510 and 2774 to 2776 of 2019
Decided On : 06-01-2020

Advocate Appeared:
For the Appellant :G. Thiruvarutselvan, M.E. Ilango, Advocates, Isaac Mohanlal, Senior Counsel for Isaac Chambers
For the Respondent:K. Chellapandian, Additional Advocate General assisted by V.R. Shanmuganathan, Special Government Pleader, K. Veerakathiravan, Senior Counsel for C. Jeganathan, Advocate

Headnote:

Seeking to quash the promotion – Facts involved in all the Writ Petitions are similar and relief sought for by the petitioners are one and the same and therefore, all the Writ Petitions are disposed of by this common order – All the petitioners are now working as Head Constables in Ramanathapuram Range, Madurai Range and Trichy Range – All the petitioners were initially appointed as Police Constable Grade - II on various dates through the Tamil Nadu Uniform Service Recruitment Board (TNUSRB) and joined services on the same day itself – Contention of the learned counsel for the petitioners in W.P – Learned Senior Counsel for the petitioners contended that as per the prevailing rules, Grade - II Police Constable, on completion of 10 years of service will be upgraded as Grade - I Police Constable and on completion of 5 years of service of Grade -1 Police Constable, will be upgraded as Head Constable –Held, Materials referred to above clearly show that some of the juniors were promoted earlier as Head Constables in view of the vacancy that arose in the place where they were working and seniors were either promoted or upgraded later. Only in view of avoiding seniors working under their juniors due to this unforcing circumstances, the official respondents were considering the entry level seniority to fix inter-se-seniority to the post of Head Constable rather than fixing seniority based on the date of promotion to the post of Head Constable – Court, in the order made in W.P., held that entry level seniority has to be taken into consideration for giving promotion – Ratio in the said order is squarely applicable to the facts of the present case – Based on the order of this Court, the 2nd respondent by the proceedings, the revised seniority of K. Shanmugamurthi in Grade-I Police Constable and Head Constable and included in C list for promotion to the post of Sub-Inspector of Police – Writ Petitions are allowed.

ORDER :

V.M. Velumani, J.

1. All the Writ Petitions are filed challenging the Memorandum issued by the 2nd respondent, Director General of Police in RC. No. 163720/NGB V (2)/2018 dated 21.12.2018, quash the same and further direct the respondents to promote the petitioners as Sub-Inspectors of Police (Armed Reserve), considering the date of their enlistment seniority. The petitioners are also seeking to quash the promotion list prepared by the 3rd respondent in so far as it relates to non-inclusion of petitioners or to direct the respondents to include their name in 'C' List for promotion to the post of Sub-Inspectors of Police (AR) for the year 2018.

2. The facts involved in all the Writ Petitions are similar and relief sought for by the petitioners are one and the same and therefore, all the Writ Petitions are disposed of by this common order.

3. All the petitioners are now working as Head Constables in Ramanathapuram Range, Madurai Range and Trichy Range. All the petitioners were initially appointed as Police Constable Grade - II on various dates through the Tamil Nadu Uniform Service Recruitment Board (TNUSRB) and joined services on the same day itself.

The contention of the learned counsel for the petitioners in W.P. (MD). No. 3528 of 2019

4. Learned Senior Counsel for the petitioners contended that as per the prevailing rules, Grade - II Police Constable, on completion of 10 years of service will be upgraded as Grade - I Police Constable and on completion of 5 years of service of Grade -1 Police Constable, will be upgraded as Head Constable. The next level of promotion from Head Constable is Sub-Inspector of Police, subject to availability of vacancy in Armed Reserve. There are 11 ranges (regions) in the State of Tamil Nadu. The petitioners are working in Trichy range. Even if a junior Police got upgraded to the next level for want of vacancy before his senior, he will continue in the same seniority as in case of Grade - II Police Constable. The petitioners were upgraded as Police Constable Grade -1 and Head Constable on following dates:

S. No.

Name

Date of Birth

Appointment as Grade-II Police Constable

Grade – I

Head Constable

1.

S. Mohan Raj

09.05.1971

16.04.1997

16.04.1997

01.05.2012

2.

R. Baskar

10.04.1974

16.04.1997

01.08.2005

23.02.2011

3.

S. Sivasubramanian

30.04.1976

16.04.1997

16.04.2007

01.05.2012

4.

K. Murugesan

25.07.1970

16.04.1997

16.04.2007

01.05.2012

4(i). For promotion to Sub-Inspector of Police (Armed Reserve), a combined seniority list drawn at the time of recruitment as Grade - II Police Constable will be followed. Only one panel for Police Constable Grade - II shall be drawn and promotions will be made from the said panel to the ranks of Grade -1/Naiks and Head Constables. The crucial date for drawal of panel for Armed Reserve Police is 1st July, every year. Earlier, promotion to the post of Sub-Inspector was made by conducting Range Promotion Board Test, namely written, viva-voice, including drill test. The Range Promotion Board Test was abolished vide G.O. Ms. No. 1055, Home (Police III) Department dated 01.11.2006 and was directed to fill the post of Sub-Inspector based on seniority. As per the Tamil Nadu Police Subordinate Service Rules, entry level seniority is being followed for giving promotion to the post of Sub-Inspector of Police (Armed Reserve).

4(ii). The petitioners are all eligible to be promoted as Sub-Inspector of Police (Armed Reserve) and are awaiting promotion based on availability of vacancy. While so, the 2nd respondent by official memorandum in RC. No. 163720/NGBV (2)/2018 dated 27.03.2018, issued general instructions for preparing 'C' List i.e., List of Head Constables (Armed Reserve) fit for promotion as Sub-Inspectors of Police (Armed Reserve

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