The judgment emphasizes that conversion from one wing to another in 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.

ORDER :

The order of rejection, rejecting the claim of the writ petitioner for conversion from Armed Reserve to Taluk police in the cadre of 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 10.11.2018. 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 contention 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 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 Reserve