Irregularities in conducting promotional tests and unfair service assessment can lead to the quashing of promotion orders and a direction for notional promotion.

ORDER :

To the claim made by the petitioner herein for retrospective promotion for the post of Naik and Head Constable on par with his junior and also for inclusion of his name in the C-List of Head Constable (AR) fit for promotion to the posts of Sub Inspector of Police, this Court by an order dated 14.09.2010 in W.P.No.22221 of 2009 had passed the following order:-

“18. Though the impugned order is in accordance with statutory rules, applicable to the post of Sub Inspector of Police, considering the averment made in the writ Petition and the statutory provision, Rule 25(b) of the Special Rules for Tamil Nadu Police Subordinate Service Rules, this Court is inclined to direct the respondents to include the name of the petitioner in the list of Police Constable fit for promotion as Naik, as on 26.12.1995 and consequently, as Head Constable as on 09.12.1997, on par with his Junior, Thiru.Lakshmanan. Insofar as the post of Sub Inspector of Police is concerned, the same had been filled up by conducting tests and other eligibility criteria, as per the service rules. Therefore, in view of the petitioner-s inclusion in the list of Naiks as on 26.12.1995 and in the list of Head Constables as on 09.12.1997, it is open to the petitioner to make any representation to the concerned for the post of Sub Inspector of Police and if any representation is made, the respondents shall consider the case of the petitioner, with reference to the eligibility criteria, as per the rules.”

In compliance with the aforesaid order, the fourth respondent herein had passed orders on 15.04.2011, declaring that the petitioner was deemed to have been promoted as Grade-I Naik and Head Constable with effect from 30.09.1995 and 10.12.1997 respectively, with retrospective effect, on par with his junior Mr. Lakshmanan. The petitioner-s name was also included in the C-List of Head Constables (AR), fit for promotion to the post of Sub Inspector of Police (AR) for the year 2003. In accordance with the instructions given in the memorandum of the second respondent herein dated 21.02.2003, the petitioner was subjected to a promotional test through the impugned order dated 25.03.2011. The third respondent herein had stated that in the written test, drill test and Viva-voce held on 02.05.2011 & 03.05.2011 respectively, the petitioner has scored 50.14 marks out of the total 100 marks, as against the cut off mark of 65.34 and therefore, he was not eligible for inclusion of his name in the C-List of Head constables (AR) fit, for promotion as Sub Inspector of Police (AR) for the year 2003. Challenging the same, the present Writ Petition has been filed.

2. Heard Ms.R.Vijaya Kamala, learned counsel for the petitioner and Mrs.P.Rajarajeswari, learned Government Advocate appearing on behalf of the respondents.

3. The learned counsel for the petitioner submitted that in accordance with the memorandum dated 21.02.2003, the written test requires to be conducted for a maximum of 30 marks, whereas the respondents have conducted the written test for 70 marks and converted the 70 marks into 30 marks, which is not as per the conditions in the said memorandum. It is her further submission that the respondents cannot adopt the cut off marks that was given in the C-List in the year 2002 for the subsequent test. It is also her submission that when this Court had directed for notional promotion for the post of Head constable in the year 1997, all the service benefits for the post of Head Constable would flow from the year 1997 and therefore, non consideration of the Annual Confidential Reports (ACRs) during that point of time, is also improper.

4. Per contra, the learned Government Advocate placed reliance on the averments made in the counter affidavit and submitted that, as per the directions of this Court in W.P.No.22221 of 2009, the petitioner was given notional promotion to the post of Gr-I Naik and Head Constable and his name was also included in the C-List of Head constables (AR) fit for promo