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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
A. Karunanithi – Appellant
Versus
Director General of Police – Respondent
| Table of Content |
|---|
| 1. petitioners challenge selection process due to irregularities. (Para 2 , 8 , 10 , 11) |
| 2. eligibility for promotion based on merits and irregularities in selection. (Para 3 , 4 , 5 , 6) |
| 3. judgments on timeliness and legality of claims detrimental to petitioners. (Para 18 , 19) |
| 4. delay and laches affect the right to challenge promotions. (Para 20 , 21 , 22) |
| 5. writ petition dismissed due to lack of merit and delay. (Para 25) |
ORDER :
Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned counsel for the 5th respondent and perused the record.
3. The case of the petitioners in brief is that they are the selected Grade-II constables of 1988 batch attached to the Armed Reserve Police Force; that they were promoted as Grade –I Police Constables in the year 1991 and posted in same Force; that they were further promoted as per order of Seniority to Head Constable in the year 1994 -1995; and that they became eligible for further promotion as Sub-Inspector of Police on completion of 2 years of service as Head Constable.
5. The petitioners further contend that pursuant to memorandum dated 01.05.2
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 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 main legal point established in the judgment is that a petitioner, fully exonerated from a minor punishment, is entitled to be considered for promotion from the date when his juniors were promote....
Service during ad-hoc promotions counts for seniority; initial appointment must fulfill recruitment criteria to be recognized, irrespective of ad-hoc nature.
Promotion assessments must adhere to established procedures, and claims filed after significant delays may be barred by laches.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Point of law: It is true that going by the abovesaid statutory provision, if the officers are not fully exonerated of the charges, the DPC may decide each case on its own merits. However, the abovesa....
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