Madras High Court
G.Deepa vs The Director General Of Police on 29 July, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022
and
W.M.P. No. 5568 of 2020 and
W.M.P. Nos. 16129 and 16132 of 2022
W.P. No. 4712 of 2020
G.Deepa ... Petitioner
Vs
1. The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai – 4.
2. The Superintendent of Police,
Thiruvannamalai District,
Thiruvannamalai.
3. C.Siva ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records
of the second respondent in connection with the impugned order passed by
him in Na. Ka. No. A2(1)/8789/2019 dated 14.02.2020 and DO No. 99/2020
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W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022
and C No. A2/(1)/8789/2019 dated 14.02.2020, quash the same and direct
the respondents 1 & 2 to promote the petitioner as Head Constable in the
Armoury and grant her all consequential service and monetary benefits.
W.P. No. 16840 of 2022
G.Deepa ... Petitioner
Vs
1. The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai – 4.
2. The Superintendent of Police,
Thiruvannamalai District,
Thiruvannamalai.
3. C.Siva ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records
of the second respondent in connection with the impugned order passed by
him in DO No. 277/2022 in C. No. A2(1)/04846/2022 dated 08.04.2022 and
quash the same and direct the respondents 1 & 2 to promote the petitioner as
Head Constable in the District Armoury (Armed Reserve and grant her all
consequential service and monetary benefits.
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W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022
For Petitioner : Mr. K.Venkatramani,
in both W.Ps Senior Counsel
for Mr. M.Muthappan
For Respondents : Mr. P.Kumaresan,
in both W.Ps Additional Advocate General
assisted by S.Arumugam,
Government Advocate (for R1 & R2)
Mr. M.D.Ilaya Raja
for Mr. R.Sasikumar (for R3)
COMMON ORDER
W.P. No. 4712 of 2020 has been filed challenging the order dated 14.02.2020, passed by the second respondent, thereby promoting the third respondent herein to Head Constable.
2. W.P. No. 16840 of 2022 has been filed challenging the order dated 08.04.2022, thereby the promotion of the third respondent to Head Constable (Armourer) was declared.
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3. The petitioner in both the Writ Petitions is one and the same. The issue involved in both the Writ Petitions is also against the third respondent.
4. The petitioner, qualified with SSLC, participated in the Tamil Nadu Uniformed Services Recruitment Board's recruitment process for Grade-II Police Constable in 2009. She was selected and appointed on 01.03.2009, serving in Tamil Nadu Special Police V Battalion, Avadi. The petitioner underwent 10 months Armoury Course training at Regimental Centre, Avadi from 24.01.2011 to 13.12.2011, qualifying her to serve in the Armoury.
4.1. In the year 2011, she was posted as Armourer in TSP Battalion on 26.03.2012 until transferred to Thiruvannamalai District Armed Reserve on19.07.2013. Upon transfer, the petitioner reported for duty and joined as Armourer on 25.07.2013. The petitioner was upgraded to Grade-I Police Constable Armourer by proceedings dated 01.04.2019 with effect from 01.08.2017.
4/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022 4.2. Subsequently, the petitioner was granted selection grade in the category of Women Grade-II Police Constable and upgraded as Woman Grade-I Police Constable on 27.01.2020. Consequently, the petitioner requested promotion to the post of Head Constable in the Armoury. However, this request was rejected by communication dated 27.01.2020. While that being so, the third respondent was promoted to the post of Head Constable.
5. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is senior to the third respondent in terms of the seniority list in the Armoury, and merely because she was transferred from one category to another category, she will not lose her seniority, especially in the Armoury wing. The request made by the petitioner was rejected on the ground that, as per PSO 42(2), separate seniority has to be maintained in the Armoury Wing and the third respondent, who was enlisted on 01.02.2011 and inducted into the Armoury Wing on 19.02.2013, is senior to the petitioner. At that time, the petitioner was serving in Tamil Nadu Special 5/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022 Police only and had joined Thiruvannamalai District Armed Reserve on 25.07.2013.
5.1. He further submitted that, however, Rule 25(b) of the Special Rules for Tamil Nadu Police Subordinate Service (hereinafter referred to as 'the Rule' for short) states that the transfer of a person from one class or category of the service to another class or category carrying the same pay or scale of pay shall not be treated as a first appointment to the latter for purposes of seniority. The seniority of a person so transferred shall be determined with reference to the rank in the class or category from which he was transferred. Where any difficulty or doubt arises in applying this sub- rule, seniority shall be determined by the appointing authority.
6. The third respondent filed a counter affidavit in both Writ Petitions and the submission of the learned counsel for the third respondent, it reveals that the petitioner was enlisted as Grade-II Women Police Constable on 01.03.2009 in the Tamil Nadu Special Police Service. Upon transfer, she had to forgo her seniority to the District Armed Wing, as per 6/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022 Memorandum Rc. No. 293010/PBA II (1) 91 dated 07.11.1997. This rule applies to Havildars, Naiks, Grade-I Police Constables, and Grade-II Police Constables who transferred from Battalions to District Armed Reserve, forfeiting their seniority. Consequently, the petitioner's seniority in the Armed Reserve was fixed based on her joining date, 24.07.2013. She was later shifted and accommodated in the Armourer Wing on 01.07.2014. This makes the petitioner junior to the third respondent by approximately 1 ½ years, considering their dates of joining in the Armourer Wing. As a result, the third respondent was promoted to Head Constable and, after completing two years of service, was declared probationary by proceedings dated 08.04.2022.
7. The second respondent in W.P. No. 16840 of 2022 filed a counter affidavit and the submission of the learned Additional Advocate General for the first and second respondents, it reveals that seniority in specialist categories, such as Armourer, Motor Transport, etc., is decided by the date of absorption into the specialist line on acquiring the special qualification prescribed for the post. Though the petitioner had completed 7/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022 Armoury Training before the third respondent, she was inducted into Tiruvannamalai District Armed Reserve on 01.07.2014, later than the third respondent. Therefore, the petitioner is junior to the third respondent upon entering the Armourer Wing. Further, it reveals that the petitioner's seniority runs only from the date on which she joined Tiruvannamalai District Armed Reserve and from the date of absorption in Armoury Wing, Tiruvannamalai District. Therefore, her prior service in Tamil Nadu Special Police cannot be considered as service in Armoury Wing, and the petitioner's service in Tamil Nadu Special Police V Battalion, Avadi, cannot be considered for fixing seniority in the Armoury Wing, Tiruvannamalai District Armed Reserve.
8. As rightly pointed out by the learned Senior Counsel appearing for the petitioner, Rule 25(b) of the Rules is very clear that the transfer of a person from one class or category of service to another carrying the same pay or scale of pay shall not be treated as a first appointment for seniority purposes. Further, the seniority of a person so transferred shall be determined with reference to the rank in the class or category from which they were transferred.
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9. Admittedly, the petitioner was originally enlisted as Grade-II Police Constable on 01.03.2009 and posted to TSP V Battalion, Avadi. Thereafter, she underwent Armoury Training at Regimental Centre, Avadi for a period of 10 months from 24.01.2011 to 13.12.2011. On 19.07.2013, she was transferred to Tiruvannamalai District Armed Reserve and later posted to Armoury Wing effective 01.07.2014. In fact, she served as Armourer in Tiruvannamalai Armed Reserve Armoury on a 'doing duty' basis from 25.07.2013, her transfer date. Whereas, admittedly, the third respondent was appointed as Grade-II Police Constable on 01.02.2011 and had undergone Armoury Training from 13.02.2012 to 16.12.2012, for a period of 10 months. He has not been upgraded to Grade-I Police Constable till date. Admittedly, he is junior to the petitioner in terms of service appointment and also in terms of appointment as Armourer in Grade-II Police Constable.
10. The memorandum referred to by the third respondent, dated 07.11.1997, states that Havildars, Naiks, Grade-I Police Constables and 9/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022 Grade-II Police Constables who were received on transfer from Battalions to District Armed Reserve by forgoing their seniority, shall have their pay fixed at the appropriate stage in the scale of Police Constables.
11. As per Rule 3(a) and Annexure-I of the Rules, separate seniority is maintained for police personnel upto the rank of Head Constable serving in Armed Reserve and specialized wings such as Armoury, Signallers, and Motor Transport. The promotion to the post of Head Constable (Armourer) shall be made from the list of Constables who have undergone Armourers Training, with promotions based on merit and ability, considering seniority only where merit and ability are approximately equal. Reserve Head Constables are promoted from Reserve Constables, and Motor Transport Drivers from constables qualified as M.T. Drivers. Consequently, a separate seniority list is maintained for Reserve Head Constables, including Armourers, Signallers, and M.T. Drivers, based on the date of joining in their specialist wing as per Rule 3(b)(i) of the Rules and Annexure referred to in Rule 3(a) of the Rules.
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12. Further, after introducing the Single Point Entry System of recruitment in the year 1993, Grade II Police Constables were recruited to the Tamil Nadu Special Police. Following completion of certain years of service, they were transferred to Armed Reserve, serving for at least one year before transferring to Taluk Police establishments. However, this system was dispensed by G.O. Ms. 754, Home (Police.3) Department dated 08.07.2008. Presently, separate recruitment for Armed Reserve and Tamil Nadu Special Police are in effect as per G.O. Ms. No. 820, Home (Police.IX) Department dated 23.09.2009.
13. The petitioner was initially enlisted as a Grade-II Police Constable on 01.03.2009 and posted to TSP V Battalion, Avadi. She was then transferred to Tiruvannamalai District on 19.07.2013 and joined the Armed Reserve of Tiruvannamalai District on 25.07.2013. After one year, she joined the Armoury unit as a Grade-II Police Constable (Armourer) on 01.07.2014. Subsequently, she was promoted as Grade-I Police Constable (Armourer) on 01.08.2017. However, her promotion as Grade-I Police 11/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022 Constable (Armourer) was cancelled subsequently, as it was erroneous, since there is no sanctioned post of Grade-I Police Constable (Armourer) in Tiruvannamalai District.
14. However, the third respondent was directly recruited as Grade- II Police Constable (Armed Reserve) on 01.02.2011 and joined Armed Reserve, Tiruvannamalai District. He underwent Armoury training from 13.02.2012 to 16.12.2012 and served as Armourer Police Constable in Tiruvannamalai District from 19.02.2013. Thereafter, he was promoted to Head Constable (Armourer) on 27.01.2020, filling an existing vacancy under Rule 3(b)(i) and Annexure-1 of the Rules. That apart, he was the only eligible person as Grade-II Police Constable (Armourer) serving in the regular strength of Armoury Line at that time. Therefore, he was promoted to the post of Head Constable (Armourer) with effect from 27.01.2020. Consequently, his probation was successfully declared. 12/14 https://www.mhc.tn.gov.in/judis W.P.No. 4712 of 2020 and W.P. No. 16840 of 2022
15. In view of the above facts and circumstances, this Court finds no infirmity or illegality in the orders passed by the second respondent. Therefore, these Writ Petitions are devoid of merits. Accordingly, these Writ Petitions are dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs.
29.07.2024 Index:Yes/No Neutral Citation/Yes/No kv To
1. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai – 4.
2. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.
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