IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on:14.06.2023 Delivered on: 14.07.2023 CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.No.216 of 2019 S.Arumugasamy ... Petitioner Vs.

1.State of Tamil Nadu Rep by its Principal Secretary to Govt., Home Department Fort St.George Chennai-9

2.Director General of Police O/o Director General of Police Kamarajar Salai, Mylapore Chennai-600 004 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that the impugned G.O.(3D) No. 19 dated 02.04.2014 is illegal arbitrary and unconstitutional in so far as the petitioner was given temporary promotion without fixing the seniority of the petitioner is contrary to the consent order passed by the Learned Single Judge in W.P.No. 24322 of 2010 dated 09.11.2010 and consequently directing the 1^st and 2^nd respondents to pass Government Order Superseding G.O.(3D) No. 19 dated 02.04.2014 and to promote the petitioner as Additional Superintendent of Police on regular basis by fixing the seniority by inclusion of petitioner's name below to Tr.D.Wesley Ebenezer (belonging to 1976 batch Sub-Inspectors) and above the name of Tr.t.P.Sureshkumar (belonging to 2003 batch directly recruited DSP) while preparing the temporary panel of Deputy Superintendent of Police (Cat-I) for the year

2009-10 vide in Letter Rc.No.92902/GB V(I)/2009.

For Petitioner : Mr.A.Mohan For Respondents : Mr.Haja Nazirudeen, AAG-I assisted by Mr.D.Gopal, Govt,Advocate

ORDER

Petitioner seeks issuance of Writ of Declaration to quash the G.O.(3D)

No. 19 dated 02.04.2014 as illegal, arbitrary and constitutional in so far as the petitioner being given temporary promotion without fixing seniority, the same being contrary to the consent order passed in W.P.No.24322 of 2010 dated 09.11.2010 and to consequently direct 1^st and 2^nd respondents to pass a Government Order superceding G.O.(3D) No.19 and to promote the petitioner as Additional Superintendent of Police, on regular basis by fixing seniority.

2. The case of the Writ Petitioner is that he was directly recruited to the post of Sub-Inspector of Police (Category I) 1987 and he was elevated to rank of Inspector of Police in 1997 and served in various capacities at various places. The petitioner was also appointed by recruitment by transfer to the post of Deputy Superintendent of Police Category-I in consultation with the Tamil Nadu Public Service Commission and the petitioner was given an out of turn promotion. In this connection, the Government issued G.O.Ms.No.1126 Home (Police-2) Department dated 22.11.2002, by relaxing 4(B) of Special Rules of Tamil Nadu Police Service and the petitioner was appointed to the immediate next higher post of Deputy Superintendent of Police (Category-I). The petitioner assumed charge as Assistant Commissioner of Police, Egmore Range on 01.02.2003. He completed his probation on 07.02.2005 AN. Some Police officers across grades who worked in Special Task force involved in sandalwood murder Veerapan's case were awarded one stage accelerated promotion. To the petitioner's dismay, the Director General of Police forwarded a letter dated 07.07.2007 to the Government where the petitioner's name was occurring in Sl.No.19, downgrading the petitioner's six years of approved service seniority in the post of DSP. The petitioner challenges the G.O.Ms.No.1396 dated 03.10.2007 for placing him incorrectly and to consequently promote him as Additional Superintendent of Police Category I. The petitioner's specific case is that he is not a one time accelerate promotee and he was eligible for promotion at every stage as per service entitlement. The petitioner, therefore filed W.P.No.24322 of 2010 seeking promotion to the post of Additional Superintendent of Police with effect from 07.02.2005. This Court, by an order dated 09.11.2010, directed the respondents to pass consequential order recording that the counsel for the respondents admitted to the