C OMMON O RDER

The writ petitioners were initially recruited as Grade II Police Constables and subsequently, participated in the process of direct recruitment and appointed as Sub-Inspectors of Police during the year

2008.

2. The petitioners state that they are entitled for conversion from Armed Reserve to Law and Order category as per the Government Policy. The cases of similarly placed persons working in the cadre of Sub-Inspectors were considered positively by the respondents and now they are serving as Sub-Inspectors in the Law and Order category and the cases of the writ petitioners were not considered merely on the ground that they have crossed the age of 40 years and suffered certain punishments in departmental disciplinary proceedings.

3. The learned counsel for the petitioners contended that the respondents have considered the persons, who have crossed the age of 40 years and granted conversion to the Law and Order category. On several occasions such orders were passed by the Government and many such persons are now working in the Law and Order category. Thus, similar benefit is to be extended to the petitioners also. Regarding the unblemished record of service, the learned counsel for the petitioners reiterated that none of the punishment is in currency as of now and the punishments awarded expired long back and thus, there is no impediment for considering the cases of the writ petitioners for grant of conversion to the Law and Order category.

4. The learned Additional Government Pleader appearing on behalf of the respondents objected the said contention by stating that the terms and conditions stipulated in the Government Orders are to be complied with for conversion of the Armed Reserved Police to Law and Order category. Such terms and conditions if not complied with, then those cases were not to be considered for conversion. The learned Additional Government Pleader relied on the counter affidavit filed by the respondents and stated that five conditions are to be complied with, which are fixed as eligibility criteria for appointment as Sub-Inspector (Taluk) falling under Law and Order category.

(1) Must be a graduate.

(2) Should not have completed 40 years of age (3) Should have put in five years of service as Sub-Inspector of Police (Armed Reserve/Tamil Nadu Special Police)

(4) Who have unblemished record of service (5) Eligibility, selection, training, internal assessment etc., 5. It is contended that the writ petitioners have completed the age of 40 years and further suffered with punishments in the departmental disciplinary proceedings. Therefore, the writ petitioners were not considered for conversion to the Law and Order category.

6. It is contended by the respondents that cut off date has been fixed for transfer of Sub-Inspectors (AR/TSP) recruited for the year has been fixed as 01.07.2013 as per Government Order in G.O. Ms. No. 1598, Home Department dated 05.11.1997 and they should have unblemished record of service. Therefore, the second respondent, viz., Director General of Police called for the details of the eligible Sub- Inspectors of Police, Tamil Nadu Armed Reserve for conversion to the Sub-Inspects of Police (Taluk) by transfer vide memo dated 02.03.2016. The writ petitioners have not fulfilled the conditions of 40 years of age and no unblemished service.

7. It is contended that the writ petitioners suffered with earned punishments in the departmental disciplinary proceedings and therefore, the cases of the writ petitioners were not considered.

8. The learned counsel for the writ petitioners relied on the judgment of the Division Bench of this Court dated 13.09.2017 passed in W.A. No. 1186 of 2017, wherein the following observations are made:-

"24. Material on record further discloses that, even the Director General of Police, Government of Tamil Nadu, has thought if fit not to initiate disciplinary proceedings, for any alleged misconduct, pending disposal of the criminal case. On the other hand, it is the c