W.P.No.15384 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15384 of 2018
A.Rajendran ... Petitioner
vs.
The Additional Chief Secretary to Government,
Home (Police-VIII) Department,
Secretariat, Chennai -600 009. ... Respondent
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Certiorarified Mandamus calling for the records pertaining to the
order passed by the respondent herein in G.O.(Ms) No.214, Home (Pol.VIII)
Department dated 16.03.2018 rejecting the petitioner's request for
accelerated promotion and quash the same and consequently, direct the
respondent herein to grant accelerated promotion as Sub Inspector of Police
with effect from 26.02.2006 with case reward of Rs.2,00,000/- to the
petitioner with all consequential service and monetary benefits.
For Petitioner : Mr.M.Ravi Shanmugam
For Respondent :Mr.A.Selvendran,
Special Government Pleader
ORDER
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https://www.mhc.tn.gov.in/judis W.P.No.15384 of 2018 This writ petition has been filed challenging G.O.Ms.No.214 Home (Pol.VIII) Department dated 16.03.2018, rejecting the petitioner's request for accelerated promotion on the ground that the petitioner has not submitted any concrete proof to show his contribution in the Jungle Patrol Party Operations during the years 1993-95 for granting one stage accelerated promotion as had been granted in the case of Police personnel cited by the petitioner.
2. The respondent has rejected the petitioner's representation by holding that the petitioner's case is not identical with other cases referred to by him in his representation.
3. The petitioner has challenged the impugned order on the following grounds namely:
(a) The Division Bench Judgment of this Court in W.A.Nos.552 to 557 of 2015 dated 02.07.2015 has confirmed the findings of the learned Single Judge of this Court by holding that the interpretation of the officers distinguishing the personnel on the basis of their nature of work in the Anti- Veerappan operation is not correct. The Division Bench rejected the 2/6 https://www.mhc.tn.gov.in/judis W.P.No.15384 of 2018 contention of the respondents therein that only those police personnel who were directly involved in the Anti-Veerappan operation are entitled to the benefit of accelerated promotion by one rank and a cash reward of Rs.2,00,000/-
(b) The petitioner is identically and similarly placed like that of the respondents in W.A.Nos.552 to 557 of 2015 referred to supra wherein the Division Bench of this Court held that they were unable to accept the view that only those police personnel directly involved in the Anti-Veerappan operation are entitled to the benefit of accelerated promotion by one rank and a cash reward of Rs.2,00,000/-. The SLP filed against the said Division Bench Judgment has also been dismissed by the Hon'ble Supreme Court
4. Learned counsel for the petitioner drew the attention of this Court to the Division Bench Judgment of this Court dated 02.07.2015 passed in W.A.Nos.552 to 557 of 2015 and paragraph 8 of the said judgment reads as follows:
8 The aforesaid Government Order does not distinguish from one duty to other duty. The said Government Order itself indicates that all the personnel who were deeply committed, may be, in the form of direct 3/6 https://www.mhc.tn.gov.in/judis W.P.No.15384 of 2018 involvement or by providing necessary logistic support and involved in Anti-Veerappan operation are entitled to one stage of accelerated promotion and cash reward of Rs.2 lakhs. The officers, while interpreting the said Government Order, have distinguished the personnel on the basis of their nature of work in the AntiVeerappan operation, without realising the importance of all personnel involved in the said operation. Thus, we are unable to take the view that only those police personnel who were directly involved in the Anti-Veerappan operation are entitled to the benefit of accelerated promotion by one rank and a cash reward of Rs.2 lakh.
5. Though the learned Special Government Pleader appearing for the respondent would reiterate the reasons given by the respondent in the impugned order for rejection of the petitioner's request for accelerated promotion, the said reasons are not sustainable in view of the Division Bench Judgment referred to supra, wherein it has been categorically held that there cannot be any discrimination between the police personnel who were directly involved in the Anti-Veerappan operation and those who were indirectly involved. There is also no evidence to show that the petitioner did not participate in the Anti-Veerappan operation. Infact, the respondent has 4/6 https://www.mhc.tn.gov.in/judis W.P.No.15384 of 2018 granted him a medal though they have not granted cash reward. Therefore, the decision of the Division Bench of this Court dated 02.07.2015 in W.A.Nos.552 to 557 of 2015 squarely applies to the facts of the instant case. Accordingly, this writ petition will have to be allowed.
6. In the result, the impugned G.O.Ms.No.214, Home (Pol.vII) Department dated 16.03.2018, issued by the respondent is hereby quashed and the writ petition is allowed by directing the respondent to grant accelerated promotion to the petitioner as Sub Inspector of Police with effect from 26.02.2006 with cash reward of Rs.2,00,000/- within a period of three months from the date of receipt of a copy of this order. No costs.
15.09.2022 nl Index:Yes/No Internet:Yes/No To The Additional Chief Secretary to Government, Home (Police-VIII) Department, 5/6 https://www.mhc.tn.gov.in/judis W.P.No.15384 of 2018 Secretariat, Chennai -600 009.
ABDUL QUDDHOSE, J.
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