Back
2022 Supreme(Mad) 962
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
S.Nareshkumar - Petitioner
Vs.
The Secretary to Government Home (Police-VI) Department, Fort St George, Chennai - Respondent
W.P. No. 17035 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.
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 limitations of the 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 the service conditions for the posts of Sub-Inspector of Police, Armed Reserve, and Sub-Inspector of Police (Taluk) are the same, and the court does not find any infirmity in the order impugned in not considering the claim for conversion. However, it leaves the possibility for the writ petitioner's case to be considered in the future if he is otherwise qualified, along with all other eligible persons.
Fact of the Case:
The writ petitioner sought conversion from Armed Reserve to Taluk Police as a Sub Inspector but expressed unwillingness to join duty in Taluk Police due to family difficulties. The competent authorities allowed the petitioner to continue in Armed Reserve, and the petitioner subsequently submitted a representation for conversion to Taluk Police, which was not considered, leading to the writ petition.
Finding of the Court:
The court found no infirmity in the order impugned, in not considering the claim of the writ petitioner for conversion, based on the principles enumerated in a cited judgment. It dismissed the writ petition with the possibility for the petitioner's case to be considered in the future if he is otherwise qualified, along with all other eligible persons.
Issues: The main issue was the claim for conversion from Armed Reserve to Taluk Police by the writ petitioner, the one-time measure of conversion, and the administrative discretion of the competent authorities in considering such conversions.
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 also highlights that the service conditions for the posts of Sub-Inspector of Police, Armed Reserve, and Sub-Inspector of Police (Taluk) are the same, and the court does not find any infirmity in the order impugned in not considering the claim for conversion.
Final Decision: The writ petition stands dismissed with no costs, but leaves the possibility for the writ petitioner's case to be considered in the future 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 Sub Inspector of Police in the year 2008 and posted at Armed Reserve, Chennai city. 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). However, no order has been passed till date on the said representation. Therefore, the petitioner has moved this writ petition.
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. The order was passed on the representation since 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.
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. Now, the petitioner is working in the cadre of Sub Inspector of Police and therefore, his case cannot be directly considered for conversion 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 in the Armed Reserve as well as in the Taluk Police are one and the same. Therefore, conversion cannot be claimed as a matter of right by the police personnel. The issue in this regard is elaborately considered by this Court in the case of R.Muthukumaran vs. State, (W.P.No. 9048 of 2016 and W.P.Nos.1668 to 1670 of 2017, dated 06.09.2022). Relevant paragraphs are extracted as under:
“12. Post or status, at no circumstances, be claimed as a matter of right by the public servants. It cannot be the choice. Conversion from one wing to another wing of the Department on similar service conditions could not cause any infringement of service rights of the public servants. Certain wings
