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 categories.

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 in brief are that, all the petitioners were recruited as Grade-II Police Constables in General Line. Few Grade-II Constables opted to serve in Specialist Wings viz., Armour Line, Radio Transmission or Signal Office and Motor Transport. Persons opted to serve in Specialist Wings are provided separate line of promotions. As far as Armour Wing is concerned, a Grade-II Police Constable is promoted as Havildar (HC) and Sub-Inspector of Police (Armour) and thereafter, they will have to be promoted as Inspector of Police (General line). Motor Transport Wing is concerned, Grade-II Police Constables are posted as Havildar (HC), Sub-Inspector of Police (Assistant Motor Transport Officer) and Inspector of Police (Motor Transport Officer). In Radio Transmission or Signal Office Wing, Grade-II Police Constable is posted as Naik (Grade-I), Havildar(HC), S.I. of Police (Assistant SO) and Inspector of Police (Signal Officer). After reaching the post of Sub-Inspector of Police in Armoury Line and Inspector of Police in Radio Transmission and Motor Transport Wing, the eligible Personnel are to be promoted to the post of Inspector of Police and Assistant Commandant respectively.

4. The dispute arose whether the seniority in the feeder post of Sub-Inspector of Police and Inspector of Police in Specialist Wings are to be taken into account for further promotion to the post of Inspector of Police (General Line) and Assistant Commandant or the Seniority in the initial cadre of Grade-II Police Constable is to be taken into consideration along with the batch-mates for promotion to the General Line.

5. The learned Senior Counsel Mr.K.Venkatramani would strenuously contend that the seniority in the feeder post is to be reckoned for further promotion to the post of Inspector of Police in Armoury Line and in respect of other two Specialist Wings, Seniority in the cadre of Inspector of Police is to be taken into consideration for further promotion to the post of Assistant Commandant. In support, he would rely on the judgment of the Division Bench of this Court in the similar issue in the case of Damodaran and Others Vs. Paul and others , 1991 WLR 436 wherein the Division Bench held that the seniority in the feeder category is to be taken into consideration for further promotion in accordance with the old Rules which was existing during the relevant point of time. The observations made by the Division Bench is relied upon to establish that the promotions sought to be granted strictly in accordance with the feeder category seniority.

6. The learned Additional Advocate General Mr.P.Kumaresan would oppose by stating that the impugned amendment is aimed to achieve equal opportunity in the matter of grant of promotions amongst the Personnel serving in Specialist Wings and General Line. I