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2022 Supreme(Mad) 954
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
N. Magesh Padmanaban - Petitioner
Vs.
The Secretary to Government Home (Police-VI) Department, Fort St George, Chennai - Respondent
W.P. No. 17029 of 2019
Decided On : 01-12-2022
Advocate Appeared:
For the Petitioner: Mr. S. Sivakumar
For the Respondents:Mr. S. Rajesh Government Advocate
Conversion from one wing to another wing of the Police Department cannot be claimed as a matter of right, and the assessment of suitability and eligibility for conversion is within the domain of the competent authorities. Posts or status cannot be claimed as a matter of right, and the service conditions for the cadres of Sub Inspector or Inspector in the Armed Reserve and Taluk Police are the same.
Headnote:
Conversion - Police Department - G.O.Ms.No.249, Home Police Department dated 29.02.2016 - The judgment discusses the one-time measure of conversion from Armed Reserve to Taluk Police, the conditions and terms for conversion, and the administrative discretion of the competent authorities. It highlights that conversion cannot be claimed as a matter of right, and the assessment of suitability and eligibility for conversion is within the domain of the competent authorities. The judgment emphasizes that posts or status cannot be claimed as a matter of right, and the service conditions for the cadres of Sub Inspector or Inspector in the Armed Reserve and Taluk Police are the same.
Fact of the Case:
The writ petitioner sought conversion from Armed Reserve to Taluk Police but had previously expressed unwillingness to join Taluk Police due to family difficulties. The competent authorities rejected the petitioner's subsequent request for conversion, citing the one-time measure of conversion and the petitioner's earlier unwillingness to serve in Taluk Police.
Finding of the Court:
The court found that the rejection of the petitioner's claim for conversion was in accordance with the one-time measure of conversion and the administrative discretion of the competent authorities. The court observed that if an exercise is done in the future, the petitioner's case may be considered if he is otherwise qualified, along with all other eligible persons.
Issues: The issues revolved around the petitioner's request for conversion from Armed Reserve to Taluk Police, the one-time measure of conversion, and the administrative discretion of the competent authorities.
Ratio Decidendi: The judgment emphasizes that conversion cannot be claimed as a matter of right, and the assessment of suitability and eligibility for conversion is within the domain of the competent authorities. It highlights that posts or status cannot be claimed as a matter of right, and the service conditions for the cadres of Sub Inspector or Inspector in the Armed Reserve and Taluk Police are the same.
Final Decision: The writ petition stands dismissed with the observation that if an exercise is done in the future by the competent authorities, the case of the writ petitioner may be considered if he is otherwise qualified, along with all other eligible persons.
ORDER :
The order of rejection, rejecting the claim of the writ petitioner for conversion from Armed Reserve to Taluk police in the cadre of a Sub Inspector, is under challenge in the present writ petition.
2. The petitioner was directly recruited as a Sub Inspector of Police in the year 2008 and posted at Armed Reserve, Chennai city. He was promoted to the post of Inspector of Police on 08.03.2019. The competent authorities considered the name of the writ petitioner for conversion from Armed Reserve to Taluk Police (L&O) and an order was passed by the Government in G.O.Ms.No.249,, Home Police Department dated 29.02.2016. However, the petitioner, during the relevant point of time, was facing certain family difficulties, and accordingly expressed his unwillingness to join duty in Taluk Police (L&O). His request to continue in Armed Reserve was considered by the competent authorities and accordingly he was allowed to continue as a Sub Inspector of Police and promoted to the post of Inspector of Police in the Armed Reserve.
3. The learned counsel for the petitioner made a submission that the petitioner subsequently submitted a representation to consider his case for conversion to Taluk Police (L&O) and the said request was rejected by the competent authorities vide proceedings dated 30.06.2018, on the ground that conversion is a one-time measure and therefore, the case of the writ petitioner cannot be reconsidered.
4. The learned Government Advocate appearing on behalf of the respondents objected to the contentions raised on behalf of the petitioner by stating that the case of the writ petitioner was initially considered for conversion and the Government issued an order in G.O.Ms No.249, Home Police Department dated 29.02.2016. The petitioner had not availed of the opportunity to serve in Taluk Police (L&O) and expressed his unwillingness to join in Taluk Police and accordingly his request was acceded by the competent authorities and he was allowed to continue in Armed Reserve force. Thereafter, he was promoted to the post of the Inspector of Police in the Armed Reserve force. After securing promotion to the post of Inspector of Police in Armed Reserve force, again the petitioner submitted a representation to reconsider his case for conversion to Taluk Police (L&O). The representation was not considered on the ground that as per G.O.Ms.No.249, Home Department, dated 29.2.2016, the petitioner-s earlier unwillingness for Sub Inspector (Taluk Police) is permanent as the conversion of Sub Inspector Taluk Police is a one time measure and thus, the representation of the petitioner has been turned down in accordance with the Government Orders and Rules.
5. A perusal of G.O.Ms.No.249 dated 29.02.2016 reveals that the Government approved the transfer of Sub Inspector of Police, Armed Reserve to Taluk Police as one-time measure on certain terms and conditions. Conversion was granted as one time measure and therefore, the same cannot be claimed as a matter of right. The opportunity provided to the writ petitioner was not utilized by him and the petitioner expressed his unwillingness to serve in Taluk Police. Authorities accepted the request of the writ petitioner and allowed him to continue in Armed Reserve wherein he got promotion to the post of Inspector of Police. Now, the petitioner is working in the cadre of Inspector of Police and therefore, his case cannot be directly considered for conversion in the Inspector of Police since the Government Order itself stipulates a condition that the conversion was a one time measure on certain terms and conditions. Reconsideration is an administrative discretion of the competent authorities and the High Court, in exercise of the powers of judicial review, cannot direct the authorities to grant conversion to the writ petitioner.
6. Conversion is an administrative affair and there is no change of service condition or otherwise. The service condition for the cadres of Sub Inspector or Inspector in the Armed
