T.Raja vs The State Of Tamil Nadu
2023 Latest Caselaw 10965 Mad

                                                                                     W.P.No. 26363 of 2012

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 22.08.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                               W.P.No. 26363 of 2012
                                                       and
                                                 M.P.No.1 of 2012

                     T.Raja                                      ....   Petitioner

                                                            Vs

                     1. The State of Tamil Nadu,
                     Rep. by its Secretary to Government,
                     Home Department,
                     Fort St.George,
                     Secretariat, Chennai – 9.

                     2. The Director General of Police,
                     Kamarajar Salai,
                     Mylapore, Chennai – 4.

                     3. The Superintendent of Police,
                     Tiruvallur District,
                     Tiruvallur.                                 ....   Respondents

                     PRAYER: Writ Petition has been filed under Article 226 of Constitution of
                     India, praying to issue a Writ of Mandamus, directing the respondents to
                     promote the petitioner's to fix the seniority and give promotion to the
                     petitioner for the post of Sub Inspector of Police and Inspector of Police and
                     pay all service benefits to him immediately.


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                                                                                    W.P.No. 26363 of 2012

                                  For Petitioner     :         No appearance

                                  For Respondents    :         Mr.T.M.Rajangam
                                                               Govt. Advocate

                                                      ORDER

This Writ Petition has been filed for direction directing the

respondents to promote the petitioner to fix the seniority and give promotion

to the petitioner for the post of Sub Inspector of Police and Inspector of

Police.

2. Heard the learned Government Advocate appearing for the

respondents. There is no representation for the petitioner. Therefore, this

Court is inclined to pass orders on merits in this writ petition.

3. The petitioner was appointed as Grade-II Police Constable on

15.01.1975. Thereafter, he was promoted as Grade-I Police Constable on

11.05.1993. However, the next promotion of Head Constable was delayed.

After completion of 23 years of his service alone, he was promoted as Head

Constable. The first respondent passed an order in G.O.No.844, Home

(Pol.V) Department, dated 03.06.1997 and accordingly, 10 years serviced

persons are eligible for the promotional post of Grade-I Police Constable

and 5 years serviced persons are eligible for the post of Head Constable. https://www.mhc.tn.gov.in/judis

W.P.No. 26363 of 2012

Totally 15 years serviced persons are eligible to the post of Sub Inspector.

Totally 25 years of serviced persons are eligible for the post of Sub

Inspector of Police. The petitioner relied upon the order passed by the

Hon'ble Madurai Bench of this Court in W.A.No.500 of 2008 and the said

Judgment is squarely applicable to the case of the petitioner.

4. On perusal of the counter filed by the third respondent

revealed that the said Judgment passed by the Hon'ble Madurai Bench of

this Court related to the seniority between the Police personnel enlisted

directly as Grade-II Police Constable at Armed Reserve and Police personnel

who were initially appointed as Grade-II Police Constable at Tamil Nadu

Special Police and subsequently transferred to Armed Reserve. Whereas,

the petitioner was not enlisted as Police Constable in Armed Reserve.

Therefore, it cannot be compared with the persons who are benefited by the

order passed in W.A.No.500 of 2008.

5. As per the guidelines issued in G.O.No.844, dated

30.07.1997, the petitioner was upgraded as Head Constable on 25.01.1998,

subsequently he was upgraded as Special Sub Inspector of Police on

01.06.2008 vide G.O.Ms.No.180, Home (Pol.III) Department, dated https://www.mhc.tn.gov.in/judis

W.P.No. 26363 of 2012

01.03.2009. Therefore, the claim of the petitioner to fix the seniority and

give promotion for the post of Sub Inspector of Police does not arise, since

already the petitioner was promoted as Special Sub Inspector of Police and

he retired on his attainment of superannuation on 31.05.2010. Therefore,

the direction sought for in this writ petition cannot be considered and the

writ petition is devoid of merits and it is liable to be dismissed.

6. Accordingly, this Writ Petition stands dismissed.

Consequently connected miscellaneous petition is closed. There shall be no

order as to costs.

22.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order Lpp

To

1. The Secretary to Government, State of Tamil Nadu, Home Department, Fort St.George, Secretariat, Chennai – 9.

2. The Director General of Police, Kamarajar Salai,

https://www.mhc.tn.gov.in/judis

W.P.No. 26363 of 2012

Mylapore, Chennai – 4.

3. The Superintendent of Police, Tiruvallur District, Tiruvallur.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

https://www.mhc.tn.gov.in/judis

W.P.No. 26363 of 2012

Lpp

W.P. No. 26363 of 2012

22.08.2023

https://www.mhc.tn.gov.in/judis