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2022 Supreme(Mad) 3559
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
R. Muthukumaran & Others - Appellant
Versus
State of Tamil nadu rep. by its Secretary, (Home - III Police) Department, The Secretariat, Chennai & Others - Respondent
W.P. Nos. 9048 of 2016 & W.P. Nos. 1668 to 1670 of 2017 & WMP.Nos. 19074, 19075, 19080 19081, 19092 & 19104 of 2022
Decided On : 06-09-2022
For the Petitioners:K. Ravi Anantha Padmanaban, Advocates. For the Respondents: B. Vijay, Additional Government Pleader.
The discretion of competent authorities in assessing suitability and eligibility for conversion to Law and Order category, and the importance of maintaining high discipline, integrity, and honesty in the Law and Order wing.
Headnote:
Mandamus - Conversion to Law and Order Category - G.O.No.249 dated 2.3.2016, G.O.Ms.No.312 dated 4.4.2003, G.O.Ms.No.397 dated 3.11.2014, G.O.Ms.No.398 dated 3.11.2014 - The court discussed the provisions of G.O.No.249 dated 2.3.2016, G.O.Ms.No.312 dated 4.4.2003, G.O.Ms.No.397 dated 3.11.2014, and G.O.Ms.No.398 dated 3.11.2014, emphasizing the eligibility criteria for conversion to Law and Order category, including age limit, service record, and disciplinary proceedings. The court highlighted the importance of maintaining high discipline, integrity, and honesty in the Law and Order wing, and the discretion of competent authorities in assessing suitability and eligibility for conversion.
Fact of the Case:
The petitioners, initially recruited as Grade II Police Constables, sought conversion to Law and Order category from their present Armed Reserve category, citing entitlement as per Government Policy. The respondents had not considered their cases due to age exceeding 40 years and past disciplinary punishments.
Finding of the Court:
The court dismissed the writ petitions, emphasizing the importance of maintaining high discipline, integrity, and honesty in the Law and Order wing. It reiterated the discretion of competent authorities in assessing suitability and eligibility for conversion, and directed the Director General of Police to ensure conversion of personnel with high discipline and integrity to uphold Constitutional Directives.
Issues: The main issue was the consideration of the petitioners' cases for conversion to Law and Order category, based on their age and past disciplinary punishments, in accordance with Government Policy.
Ratio Decidendi: The court emphasized the importance of maintaining high discipline, integrity, and honesty in the Law and Order wing, and the discretion of competent authorities in assessing suitability and eligibility for conversion. It highlighted the eligibility criteria for conversion, including age limit, service record, and disciplinary proceedings.
Final Decision: The court dismissed the writ petitions, stating that the relief sought could not be granted, and directed the Director General of Police to ensure conversion of personnel with high discipline and integrity to uphold Constitutional Directives.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the case of the petitioner for granting conversion to him to category one (Law and Order) from his present category two (Armed Reserve) by way of age relaxation along with their batch mates of the year 2008, while implementing the G.O.No.249 dated 2.3.2016, as per the past practice and in the light of the G.O.Ms.No.312 dated 4.4.2003, G.O.Ms.No.397, dated 3.11.2014 and G.O.Ms.No.398 dated 3.11.2014 by holding that the currency of punishment imposed on the petitioner towards postponement of increment for 3 years without cumulative effect shall not be treated as a legal embargo while making such consideration of the petitioner's case.)
Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to grant conversion to the petitioner to Law and Order / Category - I from his present Armed Reserve / Category - II on a par with his batchmates appointed as S.I of Police in the year 2008 with all benefits within time frame.Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to grant conversion to the petitioner to Law and Order / Category - I from his present Armed Reserve / Category - II on a par with his batchmates appointed as S.I of Police in the year 2008 with all benefits within time frame.
Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to grant conversion to the petitioner to Law and Order / Category - I from his present Armed Reserve / Category - II on a par with his batchmates appointed as S.I of Police in the year 2008 with all benefits within time frame.)Common Order:
The writ petitioners were initially recruited as Grade II Police Constables and subsequently, participated in the process of direct recruitment and appointed as Sub-Inspectors of Police during the year 2008.
2. The petitioners state that they are entitled for conversion from Armed Reserve to Law and Order category as per the Government Policy. The cases of similarly placed persons working in the cadre of Sub-Inspectors were considered positively by the respondents and now they are serving as Sub-Inspectors in the Law and Order category and the cases of the writ petitioners were not considered merely on the ground that they have crossed the age of 40 years and suffered certain punishments in departmental disciplinary proceedings.
3. The learned counsel for the petitioners contended that the respondents have considered the persons, who have crossed the age of 40 years and granted conversion to the Law and Order category. On several occasions such orders were passed by the Government and many such persons are now working in the Law and Order category. Thus, similar benefit is to be extended to the petitioners also. Regarding the unblemished record of service, the learned counsel for the petitioners reiterated that none of the punishment is in currency as of now and the punishments awarded expired long back and thus, there is no impediment for considering the cases of the writ petitioners for grant of conversion to the Law and Order category.
4. The learned Additional Government Pleader appearing on behalf of the respondents objected the said contention by stating that the terms and conditions stipulated in the Government Orders are to be complied with for conversion of the Armed Reserved Police to Law and Order category. Such terms and conditions if not complied with, then those cases were not to be considered for conversion. The learned Additional Government Pleader relied on the counter affidavit filed by the respondents and stated that five conditions are to be complied with, which are fixed as eligibility criteria for appointment as Sub-Inspector (Taluk)
