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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
P.Suresh Kumar – Appellant
Versus
Secretary Home Department – Respondent
ORDER :
HEMANT CHANDANGOUDAR, J.
The Writ Petition has been filed seeking issuance of a Writ of Certificated Mandamus to quash the proceedings in Na.Ka.No. A2/570/29567/2014 dated 30.01.2015 issued by the fifth respondent and to consequently direct the respondents to consider the petitioner’s service seniority for promotion from the post of Head Constable to Sub Inspector of Police (Armed Reserve), Tamil Nadu Police Department, in accordance with the Tamil Nadu Police Subordinate Service Rules, by taking into account the petitioner’s date of recruitment, and to promote him as Sub Inspector of Police (Armed Reserve), Salem Range, with appropriate seniority and attendant benefits.
2. The petitioner was selected and appointed as Grade-II Police Constable in the Tamil Nadu Police Service on 15.04.1997. He was posted as Grade-II Police Constable in the Armed Reserve, Namakkal District, from 16.12.2002. On his request, he was posted to the Armoury on 02.09.2005 and underwent Armourer training from 23.01.2006 to 23.11.2006. Upon completion of ten years of service, he was placed in Selection Grade as Grade-II Police Constable with effect from 15.04.2007 and was upgraded as Grade-I Police Cons
Promotion policies in police forces must adhere to established rules and seniority systems, without imposing state-level seniority absent a common selection process.
Seniority for promotions must be determined by the date of first appointment in the relevant category, not by enlistment in a lower rank.
Irregularities in conducting promotional tests and unfair service assessment can lead to the quashing of promotion orders and a direction for notional promotion.
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....
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