Alagarsamy .S vs Director General of Police - 2024 Supreme(Online)(MAD) 4776

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2024 Supreme(Online)(MAD) 4776

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 04.12.2023 DELIVERED ON :11.01.2024 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.19089 of 2023 and W.M.P(MD)No.15836 & 18903 of 2023 S.Alagarsamy ... Petitioner Vs.
1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.
2.The Deputy Inspector General of Police, Dindigul Range, Dindigul
3.The Superintendent of Police, Theni District, Theni.
4.The Superintendent of Police, Dindigul District, Dindigul.
5.B.Thirumalai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent in connection with the impugned order of drawal of 'C' List of Head Constable (Armourer) fit for promotion to the post of SI of Police Armourer for the year 2023 issued in R.C.No.1614/224/2023, R.O.No.123/2023, dated 17.05.2023 that is being confirmed by the 1st respondent in his impugned proceedings in R.C.No.4045164/NGBV(2)/2023, dated 26.07.2023 in so far as Dindigul Range is concerned and the rejection order passed by the 2nd respondent in his proceedings Na.Ka.No.A1/2755/358/2023, dated 26.06.2023 and the consequential promotion order granted by the 2nd respondent R.O.No.197/2023, Rc.No.A1/1614/224/2023, dated 03.08.2023 and quash the all as illegal and arbitrary and consequently direct the respondents 1 to 4 to include the petitioner in the 'C' list of Head Constable (Armourer) fit for promotion to the post of SI of Police Armourer for the year 2023 and thereby promote the petitioner accordingly with all service and monetary benefits within the time limit that may be stipulated by this Court.
For Petitioner : Mr.K.Gurunathan For R1 - R4 : Mr.S.Shaji Bino Special Government Pleader For R5 : Mr.P.Karthick

ORDER

The present writ petition has been filed by a Head Constable (Armourer) challenging the drawal of 'C' list of Head Constable (Armourer) fit for promotion as Sub Inspector of Police (Armourer) for the year 2023, dated 17.05.2023. The writ petitioner has also challenged the rejection order, dated 26.06.2023 wherein the respondent has rejected the request of the petitioner to place him in the 'C' list. The petitioner has also challenged the 'B' list of Head Constables included in the 'C' list of Head Constable (Armourer) fit for promotion as Sub Inspector of Police (Armourer) for the year 2023, dated 26.07.2023.

2. Facts leading to the filing of the writ petition are as follows:

(i) The petitioner herein is challenging the inclusion of the 5th respondent in the 'C' list and consequentially in the 'B' list and the promotion of the 5th respondent as Sub Inspector of Police (Armourer) from the post of Head Constable. According to the writ petitioner, the 5th respondent belongs to Madurai range and therefore, his name should not have been included either in the 'C' list or in the 'B' list for being promoted as Sub Inspector of Police (Armourer) in the Dindigul range.

(ii) The 5th respondent herein was originally appointed as Grade-II Police Constable in the Armed reserve on 01.11.1997 at TSP VII Battalion, Palani and he underwent training at Police Recruitment School, Villupuram. The 5th respondent had completed Armory training on 10.01.2001 and he was transferred to Madurai City Armed Reserve on 10.12.2002. The 5th respondent was later transferred to Chennai City on 24.06.2004 and again he was transferred to Madurai on 25.09.2004. The 5th respondent was transferred to Armory wing from the Armed Reserve for the first time on 26.05.2006 and he was allotted Madurai District.

(iii) While he was working in the Madurai District, he was upgraded as Grade-I PC - Armourer. On request, the 5th respondent was transferred to Theni District on 18.02.2010 where he was promoted as a Head Constable on 08.04.2010. On request, the 5th respondent was transferred from Theni District to Madurai District on 15.02.2016 and posted at Police Recruitment School, Madurai. It is the contention of the 5th respondent that though he was transferred to Madurai, he had retained his lien at Theni District which falls within Dindigul Range. Based upon his seniority in the Dindigul range, the 5th respondent’s name was included under the impugned 'C' list on 17.05.2023 and consequently included under the impugned 'B' list on 26.07.2023. These 2 orders and the order of rejection of the request of the writ petitioner for inclusion of his name in 'C' and 'B' lists are under challenge.

(iv) The petitioner herein was appointed as Grade-II Police Constable on 01.11.2003 and he was appointed at TSP VII Battalion, Palani and underwent training at Police Recruitment School, Dindigul. On 21.09.2006, he was transferred to TSP X IV Battalion, Palani. The petitioner was transferred to Armed Reserve, Chennai, Sub-urban on

17.12.2008 and retransferred to Dindigul District on 31.08.2009.

(v) The petitioner herein had completed Armourer training on

01.12.2012 and he was moved to the Armourer wing on 20.04.2013. The petitioner was upgraded as Grade-I Police Constable/Armourer on 01.12.2013. At request, the petitioner was moved away from Armourer wing to Motor Transport Wing on 18.11.2016. The petitioner again moved back to Armourer wing on 27.01.2018. The petitioner was promoted as a Head Constable (Armourer) on 02.03.2019. According to the petitioner, he is eligible for the promotion as Sub Inspector (Armourer) on 02.03.2023. However, the 5th respondent having been allotted Madurai Range has been treated to be within Dindigul range on the basis of an alleged lien and has been promoted ahead of the petitioner. Hence, the present writ petition.

3. Contentions of the learned counsel appearing for the petitioner are as follows:

(i) The 5th respondent herein on a request transfer, had got tran

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