IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI S.Rajmohan Hc 118 Petitioner Vs

1. The Home Secretary to State of Tamil Nadu, Secretariat, Fort St. George, Chennai- 600 009.

2.The Director General of Police Tamil Nadu State, Santhome, Chennai.

3.The Deputy Inspector General of Police Commissioner of Police, Salem Range, Salem.

4.The Superintendent of Police Namakkal District, Namakkal. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, calling for the entire records in pursuant to the rejection orders vide Na.Ka. No. A2/E- 2855409 / 2022 dated 25.10.2022 and Na.Ka. No. A2/ E- 4684466 / 2023 dated 23.06.2023 issued by the 4^th respondent and quash both of them.

For petitioner : Mr.T.P. Prabakaran For respondents : Mr.P. Ganesan Addl. Govt. Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders of the 4th respondent in Na.Ka.No.A2/E-2855409/2022 dated 25.10.2022 and Na.Ka.No.A2/E-4684466/2023 dated 23.06.2023, quash the same as illegal and arbitrary and consequently direct the respondents to grant upgradation to the petitioner as Grade I Police Constable with effect from 01.12.2013 and further issue No Objection Certificate enabling the petitioner to participate in the selection process for the post of Sub-Inspector of Police under 20%

Departmental Quota, and pass such further orders.

2. The petitioner was appointed as Police Constable Grade II in the Tamil Nadu Police Service on 30.11.2003. He completed ten years of service on 30.11.2013, and according to him, he is eligible for upgradation to Grade I Police Constable. However, prior to completion of the qualifying service, a charge memo dated 17.08.2013 was issued alleging misconduct. After a duly conducted enquiry under Rule 3(b) of the Tamil Nadu Police Subordinate Services (D&A) Rules, the charge was held proved and punishment of postponement of next increment for two years without cumulative effect was imposed on 04.02.2014, which was confirmed by the appellate and revisional authorities. Owing to the said punishment, the petitioner was upgraded as Grade I Police Constable only on 01.11.2016 and thereafter upgraded as Head Constable on 01.11.2021. His representations seeking retrospective upgradation and issuance of No Objection Certificate for participation in the Sub-Inspector selection under departmental quota was rejected by the impugned orders dated

25.10.2022 and 23.06.2023.

3. Learned counsel for the petitioner submitted that the petitioner had completed the requisite qualifying service and was entitled to upgradation on par with his batchmates, who were appointed as Grade II Police Constables on 30.11.2003 and 01.12.2003 respectively and were upgraded as Grade I Police Constables on 01.12.2013. He further contended that the punishment of stoppage of increment without cumulative effect for two years, imposed in the year 2014, ought not to have been a bar either for upgradation or for issuance of No Objection Certificate to participate in the selection process conducted by the Tamil Nadu Uniformed Services Recruitment Board for the post of Sub- Inspector of Police. Therefore, he argued that the impugned orders dated 25.10.2022 and 23.06.2023 issued by the 4^th respondent are arbitrary and unsustainable.

4. Per contra, the learned counsel for the respondents reiterated the averments made in the counter affidavit and submitted that the disciplinary proceedings culminated in imposition of punishment of postponement of next increment for two years without cumulative effect, which was confirmed by the appellate and revisional authorities and has attained finality, the same not having been challenged before this Court. He further submitted that as per G.O.Ms.No.15, Home (Police-5) Department dated 07.01.2010, an individual who has suffered punishment durin