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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI, J.
N. Baskar & Others – Appellants
Versus
The Additional Director General of Police Armed Police, Kilpauk, Chennai & Others – Respondents
W.P. Nos. 15586 of 2019 & 26074 of 2019 & W.M.P. Nos. 15491,25460,25461 & 25463 of 2019
Decided On : 21-07-2023
Seniority - Promotion - Tamil Nadu Special Police Sub-Ordinate Services Rules 1978 - Sec.42 of the Tamil Nadu Government Services Conditions of Services Act, 2016 - R.35 of Tamil Nadu State and Sub-ordinate Service Rules - [SUMMARY OF ACTS AND SECTIONS REFERENCED: Sec.42 of the Tamil Nadu Government Services Conditions of Services Act, 2016, R.35 of Tamil Nadu State and Sub-ordinate Service Rules, Tamil Nadu Special Police Sub-Ordinate Services Rules 1978] - The court considered the interse seniority of promotee Sub-Inspectors and directly recruited Sub-Inspectors. The petitioners were appointed on a temporary basis and subsequently regularized. The court relied on various judgments to establish that the period of continuous officiation after appointment has to be taken into account for determining seniority. It also held that where an appointment was made by way of a stopgap arrangement, the experience on such appointment cannot be equated with the experience of a regular appointee. The court dismissed the petitions, stating that the petitioners, not only on the ground of delay and laches but also on the merits of their claims set up, are not entitled to any relief from the Court.
Fact of the Case:
The petitioners, appointed as Constables through Uniform Service Recruitment Board, sought revision of their promotion dates as Sub Inspectors for the year 2006-2007. Their services were regularized after a delay, which they attributed to administrative lapses on the part of the respondents. They approached the Court seeking a Writ of Certiorarified Mandamus to quash the impugned order and for consequential directions.
Finding of the Court:
The court dismissed the petitions, stating that the petitioners, not only on the ground of delay and laches but also on the merits of their claims set up, are not entitled to any relief from the Court.
Issues: The main issue was the interse seniority of promotee Sub-Inspectors and directly recruited Sub-Inspectors, and whether the petitioners were entitled to revision of their promotion dates and consequential benefits.
Ratio Decidendi: The court relied on various judgments to establish that the period of continuous officiation after appointment has to be taken into account for determining seniority. It also held that where an appointment was made by way of a stopgap arrangement, the experience on such appointment cannot be equated with the experience of a regular appointee.
Final Decision: The court dismissed the petitions, stating that the petitioners, not only on the ground of delay and laches but also on the merits of their claims set up, are not entitled to any relief from the Court.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in its C.No.Estt.II(2)/17856/2018 dated 04.12.2018 and quash the same and consequently direct the respondents to revise the dates of regular promotion of the petitioners as Sub Inspector for the year 2006-2007 with all consequential and attendant benefits.)
1. W.P.No.15586 of 2019: This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the order of the 1st respondent dated 04.12.2018 and to consequently direct the respondents to revise the dates of regular promotion of the petitioners as Sub Inspector for the year 2006-07, together with all consequential and attendant benefits.
2. W.P.No.26074 of 2019: This Writ Petition has been subsequently filed, for issuance of a Writ of Certiorarified Mandamus, to call for records on the file of the 3rd respondent dated 22.08.2019 and to quash the same and to consequently include the names of the petitioners and promote the Sub Inspectors above respondents 4 to 38 in the ''C'' list.
3. This Hon''ble Court earlier has directed both the matters to be listed together as the issues to be decided are common.
4. In the first Writ Petition, W.P.No. 15586 of 2019, the case of the petitioners are that they were all direct recruits belonging to the 1993 batch and they were appointed and selected as Constables through Uniform Service Recruitment Board. The petitioners were all allotted to Special Police Category and subsequently they got promotions as Nayak, Havildar and finally Sub-Inspectors in which rank they are working.
5. The petitioners states that their services were regularized from 01.06.2002. Though all of them had been promoted as Nayaks in March 1997 and as Havildars in March 1999, placing reliance on Rule 7(b)(iii)(f) of the Tamil Nadu Special Police Sub-Ordinate Services Rules 1978, the petitioners along with similarly placed individuals gave their representations for revising their promotion dates. In November 2006, the dates of promotion of the petitioners were also advanced. Subsequently the petitioners were promoted as Sub-Inspectors on 18.11.2006. As some clarification was pending from the Government at that time, the ''C'' list of Havildars fit for promotion as Sub- Inspectors for the year 2006-2007 was not drawn and consequently there was a delay in drawing the subsequent panels for the year 2007-2008 and 2008- 2009 as well and therefore on account of such delay the petitioners continued serving as temporary Sub-Inspectors and after lapse of 16 long months, their services were regularized with effect from 17.04.2008. It is the specific case of the petitioners that the delay in confirmation was not because of any short coming or fault on their side, but only due to administrative lapses on the part of the respondents in not drawing the ''C'' list. Petitioners also state that in the past also the respondents have exercised powers revising seniority of similarly placed individuals and therefore the petitioners ought to have been included for regular promotion in 2006-2007 panel. Petitioners gave their representation on 29.06.2018 in this regard. As there was no action, the petitioners approached this Court in W.P.No.17539 of 2018 and in and by order dated 12.07.2018, this Court directed the 1st respondent to pass orders on the request of the petitioners within a period of 8 weeks as per Rules. Subsequently, the impugned order dated 04.12.2018 came to be passed, rejecting the petitioners request on untenable grounds, which has necessitated the petitioners to approach this Court seeking a Writ of Certiorarified Mandamus, to quash the impugned order and for consequential directions.
6. The main grievance of the petitioners is that even as per Sec.42 of the Tamil Nadu Government Services Conditions of Services Act, 2016 r/w R.35 of Tamil Nadu State and Sub-ordinate Service R
The period of continuous officiation after appointment has to be taken into account for determining seniority, and where an appointment was made by way of a stopgap arrangement, the experience on suc....
The judgment emphasizes the importance of seniority as a civil right and highlights the need to rectify mistakes committed by the official respondents in matters of seniority.
The court held that seniority must be established based on actual service dates, not retrospective adjustments, reinforcing the principles established in prior rulings regarding promotions and upgrad....
Service during ad-hoc promotions counts for seniority; initial appointment must fulfill recruitment criteria to be recognized, irrespective of ad-hoc nature.
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
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