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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
G. Prakasam S/o Gopal – Appellant
Versus
Secretary, Home (Police IX) Department, Chennai – Respondent
| Table of Content |
|---|
| 1. amendment to promotion rules challenged. (Para 1 , 4) |
| 2. arguments on seniority consideration for promotions. (Para 2 , 5 , 6) |
| 3. analysis of amendment necessity for equal opportunity. (Para 3 , 7 , 11 , 12) |
| 4. amendment supports promotion equality. (Para 8 , 13) |
| 5. writ petitions adjudicated; amendment upheld. (Para 14) |
JUDGMENT :
S.M. SUBRAMANIAM, J.
1. Under assail is the common order passed in Writ Petitions dated 15.12.2020. Writ petitioners are the appellants before this Court. The amendment to Special Rules for Tamil Nadu Special Police Subordinate Services notified in G.O.(Ms).No.1710, Home (Police) Department dated 23.11.2007 was under challenge in the writ proceedings. The Writ Court disposed of the writ petitions with observations and directions.
2. The learned Senior Counsel Mr.K.Venkatramani, appearing on behalf of the writ petitioners would mainly contend that some of the writ petitioners were serving in Armoury line and their seniority in the feeder category of Sub-Inspector (Armoury) have not been taken into consideration for promotion to the post of Inspector (General line) in view of the amendment, which resulted in filing of writ petitions.
3. The facts
The amendment to promotion rules ensures equal opportunity and fairness in promotions across Specialist and General Lines, prioritizing original recruitment seniority over internal promotions within ....
Promotion policies in police forces must adhere to established rules and seniority systems, without imposing state-level seniority absent a common selection process.
Promotion claims in specialized police wings are not transferable to the General Line without an explicit request for transfer, as per Rule 24(f) of the Tamil Nadu Special Police Subordinate Service ....
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....
Accrued benefits on the employee prior to the changing of the Rule cannot be denied. The right accrued on the employees cannot be denied due to the wrong application of the Rule.
The importance of the crucial date for uniformity and equality in upgradation and promotion as stipulated in the government order.
The court held that Government Orders related to upgradation and promotion of police personnel operated prospectively and did not allow for deemed upgradation or promotion.
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