IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2019

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN

W.P.No.18790 of 2014

R.Gopalsamy

... Petitioner

Versus

1. The Secretary to Government of

Tamil Nadu, Home Department,

Fort St.George,

Chennai – 600 009.

2. The Commissioner of Police,

Greater Chennai, Vepery,

Chennai – 600 007.

3. Thiru Ayyappan,

Inspector of Police(AR),

North Zone, Chennai - 16.

... Respondents

PRAYER:

Writ petition is filed under Article 226 of the Constitution

of India praying for the issuance of a Writ of Certiorarified

Mandamus, calling for the records pertaining to the proceedings

in Na.Ka.No.Papi 5 (1)/19/16976/2014 dated 19.02.2014 on the

file of the second respondent and quash the same and direct the

first and second respondents to grant promotion based on the

principle of seniority at Armed Reserve i.e from the date of

recruitment on 25.05.1988 on par with batch mates in Armed

Reserve and place him above his immediate junior third

respondent in the light of judgment in W.P.No.25043/2002 dated

18.02.2007 and award all consequential benefits.

For Petitioner : Mr.M.S.Soundara Rajan

For Respondent : Mr.R.Govindasamy

Special Government Pleader

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

ORDER

This writ petition has been filed challenging the order

passed by the second respondent denying promotion to the

petitioner on par with other Constables working on the Armed

Reserve police.

2. The grievance of the petitioner is that he was appointed

as a Grade II constable in the Armed Reserve Police on

25.05.1998. Thereafter, he was transferred to the Mounted Branch

of Armed Reserve Police on 30.04.1991. In the year 1991, all the

Armed Reserve Grade II Constables enlisted up to 1998 were

called to attend the promotion test to the rank of Armed Reserve

Lance Naiks. But the persons working in the Special Branches

including the Mounted Wing were not permitted to attend the

written test. Earlier, the persons working in the Armed Reserve

and the persons working in the Mounted Branch were enlisted on

the same day at Armed Reserve Police, and the Armed Reserve

police constables working in the Mounted Branch were not

promoted to the ranks of Lance Naiks, Naiks/Gr.I PCs or as Head

Constables along with their batch mates in the Armed Reserve

Police. In the said circumstances, the petitioner made a

representation to the second respondent to consider the

petitioner on par with the Constables working in the Armed

Reserve Police. In the meantime, the persons working in the

Motor Transport Wing of the Armed Reserve Police had approached

the State Administrative Tribunal seeking for permission on par

with the constables working in the Armed Reserve and the

Tribunal has rejected their request. Challenging the same, they

filed a Writ Petition before this Court in W.P.No.25043 of 2002

and a Division Bench of this Court by an order dated 18.09.2007

has held that the persons working in the Motor Transport Wing,

cannot be treated as a distinct unit and they are also part of

the Armed Reserve Police. In the absence of any special rules

governing the service of the persons working in the Motor

Transport, they cannot denied promotion. Based on the above

judgment, promotions were given to some of the constables

working in the Motor Transport Wing of the Armed Reserve. Based

on the above order, the petitioner has also applied for

promotion, on the ground that the Mounted Wing is also part of

Armed Reserve Police, but, that has been rejected by the second

respondent. Now, challenging the same, the present writ

petition has been filed.

3. The second respondent has filed a counter affidavit

stating that the petitioner was enlisted as Grade II Police

C