Accelerated promotion from temporary ranks does not confer substantive right or seniority; reversion valid, but drawn benefits protected due to government's error and service risks. (28 words)

JUDGMENT :

N. SATHISH KUMAR, J.

1.All the Writ Appeals have been filed challenging the common order passed by the learned Single Judge in W.P.(MD)Nos.6529 to 6531, 6533, 6534, 6536 to 6538, 9189 to 9191, 9193, 9194 & 9196 to 9198 of 2017, dated 21.08.2025.

2. Since the issue involved in all the Writ Appeals is one and the same, we are inclined to dispose of the same by a common judgment.

3. The Writ Petitioners/appellants have filed two sets of Writ Petitions. In the first set, the Writ Petitioners/appellants have challenged the Government Order issued by the first respondent in G.O.(MS)No. 276, Home (Pol.VIII) Department, dated 01.04.2017. In the second set, they have challenged the consequential order reverting them to a lower post.

4. The following facts, which are necessary for the disposal of these writ appeals, are as follows:

4.1. The appellant, viz., D.Ravi in W.A.(MD)Nos.2647 and 2655 of 2025, was appointed as a Police Constable on 01.03.2002. Similarly, the appellant viz., M.Mahendran in W.A.(MD)Nos.2648 and 2661 of 2025 was appointed as a Police Constable on 14.03.2002. The appellant, viz., C.Arul Prakash in W.A.(MD)Nos.2649 and 2658 of 2025 was appointed as Police Constable on 01.03.2002. The appellant viz., S.Ramesh in W.A.(MD)Nos.2650 and 2656 of 2025 was appointed as Police Constable on 01.03.2002. The appellant viz., K.Veeranan in W.A. (MD)Nos.2651 and 2659 of 2025 was appointed as Police Constable on 01.03.2002. The appellant viz., S.Balamurugan in W.A.(MD)No.2653 and 2657 of 2025 was appointed as Police Constable on 14.03.2002. The appellant viz., M.Muthumanikandan in W.A.(MD)Nos.2654 and 2660 of 2025 was appointed as Police Constable on 01.03.2002 and the appellant viz., S.Baskaran in W.A.(MD)Nos.2809 and 2868 of 2025 was appointed as Police Constable on 28.03.2002. Since they were part of the Special Task Force (STF) constituted by the Government to nab the forest brigand Veerappan, they were temporarily promoted as Naik on 11.04.2004, 18.09.2004, 16.09.2004, 11.04.2004, 11.09.2004, 18.09.2004, 16.09.2004 and 11.04.2004 respectively. Later, they were also given temporary promotion as Havildar on 20.09.2004, 20.09.2004, 16.09.2004, 20.09.2004, 20.09.2004, 22.09.2004, 16.09.2004 and 20.09.2004 respectively. The temporary promotion orders clearly indicate that the promotion orders are purely on temporary basis and it was further informed that they will be reverted at any time without notice or without any reasons assigned thereof. These temporary promotions shall not confer any right or merit to further promotion etc., The above promotions are ordered in view of the exigencies to fill up the vacancies arise due to exodus of personnel on transfer from TSP VI Battalion to City/District AR. This temporary promotion shall not confer any right or merit to further promotion etc.

4.2. When the matter stood thus, the Government issued G.O.Ms.No.1252, Home (Pol.VIII) Department, dated 29.10.2004, granting one stage accelerated promotion to more than 900 police personnel in various ranks in recognition of the courageous act of encounter and killing of notorious forest brigand Veerappan and his gang. Later, the Government issued G.O.Ms.No.1396, Home (Pol-IA) Department, dated 03.10.2007, clarifying the position that accelerated promotion is not extended to accelerate seniority and indicated that the seniority between the