IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA

Writ Petition Nos.3825 to 3829/2010

W.P.No.3825 of 2010

A.Suresh Kumar

...

Petitioner in WP.3825/2010

T.Ekambaram

... Petitioner in WP.3826/2010

T.Sivakumar

... Petitioner in WP.3824/2010

K.Pugazhenthi

... Petitioner in WP.3828/2010

K.Ganesan

... Petitioner in WP.3829/2010

Vs

1. The Secretary to Government,

Home Department,

Fort St. George, Chennai-9.

2. Director General of Police,

Chennai-600 004.

3. Superintendent of Police,

District Police Office,

Perambalur District.

...

Respondents in all WPs

PRAYER:Writ Petition filed under Article 226 of the

Constitution of India, praying to issue a Writ of Certiorari,

to call for the records pertaining to the impugned order of

reversion passed by the 3^rd

respondent herein in his

Proceedings D.O.No.89/2010, C.No.A3/938/2010 dated 25.01.2010

and quash the same in so far as the petitioner is concerned.

For Petitioner

: Mrs.S.Nirmala Daisy

in all W.Ps. for M/s.G.Bala and Daisy

For Respondents

: Mr.M.Digvijayapandian,

in all W.Ps. Addl. Government Pleader

C O M M O N O R D E R

Challenging the impugned order of reversion passed by the

3^rd respondent herein, namely, Director General of Police,

Chennai,

in

his

Proceedings

in

D.O.No.89/2010,

C.No.A3/938/2010 dated 25.01.2010, reverting the petitioners

from the post of Head Constable to the post of Grade I Police

Page numbers

https://hcservices.ecourts.gov.in/hcservices/

Constable on the ground that the accelerated promotion will

not confer any consequential seniority on such accelerated

promotees either in the feeder category or in the promoted

category, the present Writ Petitions have been filed.

2.

Learned Counsel appearing for the petitioners in all

these matters contended that when all the petitioners have

opted to work in the Special Task Force (STF) formed by the

Government to apprehend the notorious Forest Brigand

Veerappan, after coming into the Special Task Force, in a

daring operation of the STF headed by the Additional Director

General of Police, had shot dead the forest brigand, bandit,

murderer and dacoit Veerappan along with his three gang

members on 18.10.2004. In recognition of the petitioners

courage, the Government has also passed an order in

G.O.Ms.No.1252, Home (Police VIII) Department, dated

29.10.2004 and G.O.Ms.No.1346, Home (Police VIII) Department,

dated 16.12.2004 awarding one stage of accelerated promotion

to the members of the Special Task Force for having

participated in the encounter and killing of Forest Brigand

Veerappan. Based on the above Government Orders, the

petitioners were promoted from the post of Grade II Police

Constable to the post of Grade I Police Constable w.e.f.

30.10.2004 and their seniorities were also counted with effect

from the date of their accelerated promotion which is strictly

in accordance with the rules. Thereafter, they were all

further promoted as Head Constables on 20.04.2007.

Accordingly, the Superintendent of Police, Perambalur

District, also passed an order allowing the petitioners to

complete the period of probation w.e.f. 18.12.2008 and their

names were also included in the 'A' List to be promoted to the

next rank.

3.

The learned Counsel for the petitioners further

submitted that when the petitioners were all serving as Head

Constables, all of a sudden, the impugned reversion order has

been passed on 25.01.2010 reverting them from the post of Head

Constable to the post of Grade I Police Constable which is

against the principles of natural justice because no

opportunity whatsoever was given before they were reverted

back to the post of Grade I Police Constable. Further it is

in violation of the Orders passed by the Hon'ble Sup