Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.JUSTICE G.ARUL MURUGAN, J
D.Sekaran – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary to Government, Home (Police 12) Department – Respondent
| Table of Content |
|---|
| 1. petitioner’s military background (Para 2) |
| 2. initial appointment details (Para 3) |
| 3. selection for inspector (Para 4) |
| 4. government rejection of claim (Para 5 , 6 , 7 , 8 , 9) |
| 5. petitioner's argument on promotion (Para 10 , 11) |
| 6. contention on service duration (Para 12) |
| 7. merit-based promotion argument (Para 13 , 14) |
| 8. respondents' counter-argument (Para 15 , 16 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 9. court's review of evidence (Para 17) |
| 10. court's reasoning on promotion (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 11. court's final order (Para 43 , 44) |
ORDER :
This writ petition is filed challenging the order of the first respondent in G.O.(2D)No.496 dated 18.08.2008, order of third respondent dated 09.10.2014 and further order of the first respondent dated 19.03.2015 and for a consequential direction to promote/appoint the petitioner to the post of Inspector of Police from the date of his initial appointment on 30.04.1993.
3. According to the petitioner, since he was working as Subedar in the Indian Army, he was entitled to be appointed as Inspector of Police but due to want of vacancy, he was appointed as Sub Inspector
The court established that a military promotion cannot be deemed honorary without substantial evidence, and ex-servicemen are entitled to promotions based on merit and prior rank.
(1) Promotion to post of Police Inspector – Selection grades are in nature of promotional scale and criteria provided for promotion to selection grade can very well be taken as criteria for further p....
The importance of the crucial date for uniformity and equality in upgradation and promotion as stipulated in the government order.
The court established that benefits of an upgraded post should be granted to former holders of that post, regardless of premature retirement, ensuring entitlement to pensionary benefits.
Service rendered in equivalent rank during deputation recognized for promotion eligibility under recruitment rules, starting eligibility period based on actual service rather than mere absorption dat....
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....
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.
The petitioners were entitled to the benefit of FR 22-B, and the respondent authorities were directed to re-fix the scale of pay of the petitioners by giving them the benefit of FR 22-B.
An officer can only be dismissed from service by an authority not below the rank or subordinate to the one by which he was appointed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
