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S. M. SUBRAMANIAM, C. KUMARAPPAN
President cum Deputy Commissioner, Washermenpet, Greater Chennai Police, Head Constable Promotion Special Board, Chennai – Appellant
Versus
S. Shanmuga Sundaram – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER in W.A.No.1118/2020: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 15.03.2019 made in W.P.No.18460 of 2013 allow these writ appeals.
PRAYER in W.A.No.1119/2020: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 15.03.2019 made in W.P.No.18459 of 2013 allow these writ appeals.
PRAYER in W.A.No.1122/2020: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 15.03.2019 made in W.P.No.18461 of 2013 allow these writ appeals.
PRAYER in W.A.No.1120/2020: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 15.03.2019 made in W.P.No.20415 of 2013 allow these writ appeals.
PRAYER in W.A.No.1121/2020: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 15.03.2019 made in W.P.No.20413 of 2013 allow these writ appeals.]
The State preferred present appeals challenging the writ order granting retrospective promotion to the post of Sub Inspector of Police in favour of the respondents.
2. The respondents were appointed as Grade-II Police Constable (Armed Reserve) in the Tamil Nadu Police Service. The respondents were
Retrospective promotions in public service must adhere to established procedures and cannot disrupt settled seniority.
Retrospective promotions in public service must adhere to established procedures and cannot disrupt settled 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....
Promotion policies in police forces must adhere to established rules and seniority systems, without imposing state-level seniority absent a common selection process.
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 court upheld the validity of a change in promotion criteria and ruled that the petitioners' claims for retrospective promotion were barred by res judicata due to a prior judgment.
Amended service rules cannot be applied retrospectively to affect vested rights of employees, as it violates constitutional guarantees.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
A Deputy Superintendent of Police must pass the Accounts examination as per Rule 648(b) of the Bihar Police Manual to be confirmed in the post and eligible for further promotion.
Promotion challenges based on delayed claims are subject to dismissal due to delay and laches, reinforcing the principle that timely objections are crucial in promotion-related disputes.
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