Advocates:
['M/S A R SURESH', '', 'A RAJENDIRAN & G DHAROGA', 'V SUBBIAH']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2011

CORAM

THE HONOURABLE Mr.JUSTICE D.HARI PARANTHAMAN

W.P.No.13786 of 2011

and

M.P.Nos.1 and 2 of 2011

V.Ramakrishnan

...

Petitioner

Vs

1.The State of Tamil Nadu

rep. By the Secretary to Government,

Home (Police IV) Department,

Fort St. George,

Chennai-9.

2.The Director General of Police,

Dr.Radhakrishnan Salai,

Mylapore,

Chennai-4.

3.The Superintendent of Police,

Thiruvannamalai District,

Thiruvannamalai.

...

Respondents

PRAYER: Petition filed under Article 226 of the Constitution of

India for the issuance of Writ of Certiorarified Mandamus, calling

for the entire records pertaining to the order passed by the third

respondent vide his proceedings No.C.No.A1/2268/2011, dated

26.05.2011 and quash the same as illegal, arbitrary, unreasonable

being violative of rules and principles of natural justice and

thereby direct the respondents to upgrade the post of the petitioner

as Special Sub-Inspector of Police.

For Petitioner

:

Mr.A.R.Suresh

For Respondents :

Mr.R.Ravichandran,

Additional Government Pleader.

ORDER

The petitioner was appointed as Grade II Police Constable on

14.12.1971. He was promoted as Grade-I Police Constable in the year

1992. He was further promoted as Head Constable in the year 1996.

As per Government Order in G.O.Ms.No.937, Home (Police.3) Department,

dated 21.07.1998, the petitioner is eligible for up-

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

gradation to the post of Special Sub-Inspector of Police on

completion of 10 years of service in the category of Head Constable

and in total 25 years of service as Constable. Accordingly, the

petitioner was eligible for up-gradation to the post of Special Sub-

Inspector of Police in the year 2007. However, the petitioner was

not considered by the respondents on the ground that he suffered with

minor punishments. The details of the punishments are as follows:

"(i)"Postponement of increment for three years and the

period of postponement shall operate to postpone his future

increment" in PR.No.49/2004 u/r 3(b) of TNPSS (D&A) Rules,

1955, dated 08.07.2005.

(ii)"Postponement of increment for two years and the

period of postponement shall operate to postpone his future

increment" in PR.No.159/2005 u/r 3(b) of TNPSS (D&A) Rules,

1955, dated 27.03.2006.

(iii)"Postponement of increment for one year which

shall not operate to postpone his future increments" in

PR.No.100/2006 u/r 3(b), dated 15.02.2007.

(iv)"Reduction of pay by one stage for one year and the

period of reduction shall not operate to postpone his future

increments in PR.No.07/u/r 3(b), dated 16.11.2007."

2.Hence, the petitioner approached this Court claiming

up-gradation on the ground that the minor punishment could not be a

bar for promotion. The learned Single Judge of this Court in

W.P.No.911 of 2010, dated 04.03.2010, allowed the writ petition based

on the decision of the Division Bench of this Court in Subramanian v.

Government of Tamil Nadu, rep. By its Secretary, Chennai and others

reported in (2008) 5 MLJ 350.

3.Aggreived by the said order, an Appeal was preferred by the

respondents and the same was dismissed on 23.03.2011. However, the

third respondent has passed the impugned order stating that the

petitioner is not entitled for up-gradation to the post of Special

Sub-Inspector of Police, in view of the Government Order passed in

G.O.Ms.368, P & AR Department, dated 18.10.1993, though the minor

punishment is not in currency. Therefore, the petitioner has filed

the present writ petition, seeking to quash the impugned order dated

26.05.2011 passed by the third respondent and direct the respondents

to upgrade the petitioner to the post of Special Sub-Inspector of

Police.

4.Heard the submissions made by Mr.A.R.Suresh, learned counsel

for the petitioner and Mr.R.Ravichandran, learned Additional

Government