Madras High Court
A.Dhasthagir vs The Director General Of Police on 19 September, 2019
Bench: S.Manikumar, D.Krishnakumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.A.Nos.3268 and 3269 of 2019
and
C.M.P.Nos.20710 and 20709 of 2019
A.Dhasthagir ... Appellant
in W.A.3269/2019
R.Varadarajan ... Appellant
in W.A.3268/2019
vs.
1.The Director General of Police,
Tamil Nadu, Chennai - 600 004.
2.The Superintendent of Police,
District Police Office,
Coimbatore District,
Coimbatore - 18. ... Respondents
both WAs.
Prayer: Writ Appeals are filed under Clause 15 of Letters Patent,
against the common order made in W.P.Nos.7246 and 7247 of 2018,
dated 28.03.2018.
For Appellant : Mr.Vedavallikumar
(both WAs)
For Respondents : Mr.P.S.Sivashanmugasundaram
Special Government Pleader.
http://www.judis.nic.in (both WAs)
2
COMMON JUDGMENT
(Judgment of the Court was made by S.MANIKUMAR, J) Instant writ appeals are filed against the common order made in W.P.Nos.7246 and 7247 of 2018, dated 28.03.2018.
2. Writ petitioners/appellants, are retired Special Sub Inspectors of Police. After their retirement, on 31.10.2014 and 31.07.2011, respectively, they made representations, requesting the respondents, for retrospective upgradation, as per G.O.Ms.No.15 Home (Police-V) Department, dated 07.01.2010.
3. Vide impugned orders in D.O.No.294/2016 in C.No.A-
2/38625/2013, dated 01.04.2016 and Na.Ka.No.A1/29835/2017, dated 27.11.2017, the Superintendent of Police, Coimbatore District/the 2nd respondent herein, has rejected the request of the writ petitioners/appellants.
4. Challenging the same, writ petitioners have filed W.P.Nos.7246 and 7247 of 2018 and consequently sought for a direction to the Superintendent of Police, Coimbatore District/the 2nd http://www.judis.nic.in 3 respondent herein, to set right the service records of the writ petitioners in accordance with G.O.Ms.No.15 Home (Police-V) Department, dated 07.01.2010.
5. After hearing the learned counsel for the parties, vide common order made in W.P.Nos.7246 and 7247 of 2018, dated 28.03.2018, Writ Court ordered thus:-
"3. Before proceeding into the merits of the matter, it may be mentioned that when the petitioners, on reaching the age of superannuation on 31.10.2014 & 31.07.2011, while serving as Special Sub Inspector of Police, retired from service, it is not known why the petitioners kept quiet for a long time after their retirement to ask for the benefit of upgradation. Secondly, when it is the claim of the petitioners that they were appointed as Grade II Police Constable on 15.11.75 & 12.7.73 and on completion of ten years of service, they should have been upgraded as Grade I Police Constable on 15.11.85 & 12.7.83, whereas they were given upgradation only in the year 1993 and again, when they were due for further upgradation to the post of Head Constable on 15.11.90 & 12.7.88 on completion of five years of service as Grade I Police Contable, but they were wrongly given upgradation in the post of Head Constable on 25.1.98, the petitioners should have given their representation immediately, which has not been done. Moreover, it is stated that the petitioners were upgraded as Special Sub Inspector of Police on 1.6.2008, which also they accepted quietly, and then, after serving in the said post of Special Sub Inspector of Police for about eight/three long years, they cannot rake up this issue after their retirement. Further, the http://www.judis.nic.in Government, nowhere in any of the Government Orders, provided 4 for any such upgradation, as claimed by the petitioners.
4. In fact, under similar circumstances, a learned Judge of this Court, D.Hariparanthaman, J. has already passed a detailed order in W.P.No.19181 of 2013 dated 15.7.2013 (S.Senthamarai and others v. The State of Tamil Nadu represented by its Secretary to Government, Home Department and two others), wherein it has been held as follows:-
“18. No Government Order states that all the police personnel shall be granted upgradation as Sub Inspector of Police on completion of 25 years of service, blindly, without anything more, even if he does not render 10 years of service as Head Constable out of 25 years of service. The Government Orders no where provide for such upgradation as claimed by the petitioners.
19. Hence, there is no reason for the petitioners to claim the benefit of upgradation of Special Sub Inspector of Police, by counting 25 years of service from the date of their appointment without reference to the services rendered as Head Constable for 10 years of service. On completion of 10 years of service as Head Constable, one can seek for upgradation as Special Sub Inspector of Police, if he has rendered a total service of 25 years of service.
20. In this case the petitioners were rightly granted upgradation for the post of Special Sub Inspector of Police on completion of 10 years of service as Head Constable, as they have put in 25 years of total service. Now the petitioners want upgradation as Special Sub Inspector of Police even before they were upgraded as Head Constables and that is not permissible.
21. I do not find any merit in the Writ Petition. The Writ Petition fails and the same is dismissed. No costs. The connected Miscellaneous Petition is closed.”
5. Following the above order, I have also considered a similar challenge made to the very same impuged order in W.P.Nos.1571 to http://www.judis.nic.in 1573 of 2018 and rejected the case of the petitioners therein by 5 order dated 25.1.2018. In such circumstances, judicial discipline demands this Court to fall in line with the previous order passed by the learned single Judge in W.P.No.19181 of 2013 dated 15.7.2013 and followed by me. Therefore, this Court finds no merit whatsoever in these writ petitions, leave alone the ground of delay. Accordingly, these writ petitions are dismissed. No costs."
6. Being aggrieved by same, instant writ appeals have been filed.
7. Heard the learned counsel for the parties and perused the materials available on record.
8. Though several grounds have been raised, challenging the common order made in W.P.Nos.7246 and 7247 of 2018, dated 28.03.2018, we are not inclined to interfere with the order of the writ court, in view of the common order of a Hon'ble Division Bench in W.A.Nos.47 to 51 of 2014 etc. batch of appeals, dated 30.08.2019.
Relevant portion of the said common order, is extracted hereunder:-
"Discussion:-
7. The policemen who are the parties to these appeals were recruited as Police Constables Grade II initially. The appointments were made in 1960s and 1970s. The majority of the policemen retired from service on attaining the age of superannuation. Some of http://www.judis.nic.in 6 the policemen made a claim for retrospective “Deemed upgradation” even during the currency of their service. Similarly, the retired police personnel also made a claim for deemed upgradation, notwithstanding their severance of status as employees of the Government.
8. The Government earlier issued string of orders to address the issue regarding stagnation of police constables stranded in the very same rank for several years without receiving even a single promotion. The Government wanted to motivate the policemen by addressing the issue relating to their service.
9. We now extract the relevant Government Orders for resolving the issue raised in the appeals.
The relevant Government Orders :-
(i) G.O.Ms.No.1681, Home Pol.V Department, dated 12 October 1992
(a) This Government Order was issued to upgrade 21000 posts of Grade II Police Constables as Grade I Police Constables and 2700 Grade I Police Constables as Head Constables, in a phased manner, stretching over a period of five years from 1992-1993. The upgradation of post was ordered to be done in a phased manner as below:-
Appointment Upgradation No.of Gr.II posts No. of Gr.I posts to Date (upto) Year to be upgraded be upgraded as Gr.I posts as HC posts 31.12.1997 1992-93 9000 500 31.01.1978 1993-94 4000 700 31.12.1980 1994-95 4000 700 31.08.1984 1995-96 4000 800 Total 21,000 2,700
(b) Upgradation would be done once in a year in a cadre.
Promotion to the upgraded post would be based on the prescribed date of entry. The Government resolved to dispense with the direct http://www.judis.nic.in recruitment of men as Grade I Police Constables and making Grade I 7 as a promotion post. There was no automatic upgradation as Grade I or Head Constable as per this Government Order.
(ii) G.O.Ms.No.2107 Home (Pol.V) Department dated 24 December 1992 :-
The Government issued this order for granting promotion to the Grade II police Constables as Grade I police Constable without conducting the prescribed test. It was done as a special case.
(iii) G.O.Ms.No.807, Home (Pol.V) Department, dated 18 July 1994:-
The Government by way of this order, permitted the Director General of Police to promote Grade II Police Constables as Grade I Police Constables without conducting test.
(iv) G.O.Ms.No.1101 Home (Pol.V) Department dated 21 July 1995:-
The Government, as per this Order, resolved to appoint those Grade II Police Constables appointed up to 31 December 1980 and who have completed 15 years of service but have not studied up to VIII standard by upgradation as Police Constable Grade I. The direction was to relax the educational qualification. There were 1400 additional posts of Grade II police constables selected for upgradation.
(v) G.O.Ms.No.844 Home (Pol.V) Department, dated 3 June 1997:-
The Government, by way of this order, directed that the Grade II Police Constables who have completed 10 years of service would be promoted as Grade I Police Constables. Similarly, those who have completed a total period of 15 years of service as Grade I http://www.judis.nic.in Police Constables would be promoted as Head Constable.8
(vi) G.O.Ms.No.937, Home (Pol.III) Department, dated 21 July 1998:-
(a) The Government directed that the Head Constables who had completed 10 years of service in that rank and had a total period of 25 years would be made Special Sub Inspector of Police subject to the condition that there was no punishment imposed on them in the preceding 5 years period and that they should not be facing charges in the departmental proceedings or criminal case.
There is a further stipulation that the policemen should qualify as per the Government Order in G.O.Ms.No.368 P & AR Department dated 18 October 1993.
(b) The Government, as a one time measure, directed that 469 Grade I Police Constables recruited in the year 1974 would be promoted as Head Constable by relaxing the requirement of 25 years of total service subject to their having completed 10 years of service as Head Constable. The Government further directed that promotion panel should be prepared every year with 1 June of the relevant year as the crucial date. As per the Government Order, Range Promotion Boards would send the recommendations to the Director General of Police who in turn would send it to the Government. The Government would issue orders in July. It was ordered that the Special Sub Inspector of Police after such upgradation would become regular Sub Inspector of Police only when they qualify the prescribed tests.
(vii) G.O.Ms.No.13 Home (Pol.V) Department dated 6 June 2010:-
The Government, by way of this order, directed upgradation of 2589 Grade II Police Constables appointed as on 1 November 1984, as Grade I Police Constables to be advanced to 25 July 1995 instead of 22 July 1997. Similarly, upgradation of 2589 Grade I Police Constables as Head Constables was advanced to 25 July 2000 in the http://www.judis.nic.in place of 22 July 2002.9
(viii) G.O.Ms.No.15 Home (Pol.V) Department dated 7 January 2010:-
(a) The Government, by way of this order, delegated the powers to the Superintendent of Police/ Commissioner of Police to upgrade Grade II Police Constables as Grade I Police Constable on completion of 10 years of service from the first of the month succeeding the date of completion of ten years and to upgrade Grade I Police Constables as Head Constables on completion of 5 years of service in the rank of Grade I Police Constable from the 1st of the month succeeding the date of completion of 5 years.
Similarly, the Deputy Inspector General of Police/ Commissioner of Police were empowered to upgrade as Special Sub Inspector of Police those who have completed 25 years of service overall and 10 years of service as Head Constables from the first of the month succeeding the date of completion of 25 years of service. The upgradations were given only to those who could not be promoted to the higher posts for want of vacancies.
(b) The Government Order in G.O.Ms.No.15 dated 7 January 2010 was issued pursuant to the recommendation made by the Third Police Commission.
10. There was neither automatic upgradation on completion of a fixed period of service nor giving retrospective effect to the upgradation.
11. The Government Orders must contain a clear indication for giving it retrospective operation. It would not be possible to give an interpretation to the Government Orders by treating it as one giving retrospective effect, unless there is a clear recital with regard to such retrospectivity. There is no question of bringing the theory of deemed retrospective operation of a Government Order, when the relevant order is crystal clear that the intention is only to give http://www.judis.nic.in effect prospectively. The interpretative process could not be 10 undertaken to give a different meaning or effect to the Government Orders.
12. The Hon'ble Supreme Court in Union of India vs. Shankar Law Soni & Anr., 2010(3) Scale 774, observed that a decision to grant a certain concession or a certain benefit and the conditions for their grant are a matter for the administrators alone and the court should not interfere in the matter on the premise that it was of theopinion that some of the conditions imposed were not justified.
13. The policemen are claiming promotion as Grade I Police Constable, Head Constable and Special Sub Inspector of Police, immediately on completion of 10, 15 and 25 years of service. There was no indication in any of the Government Orders, more particularly in G.O.Ms.No.15, Home (Pol.V) Department, dated 7 January 2010 to claim deemed upgradation or retrospective upgradation. The policemen are interpreting the Government Orders as if there was a decision in their favour to grant retrospective upgradation by counting the entire service, right from the initial entry. The Government made it very clear in the relevant orders referred to above that in order to claim upgradation as Special Sub Inspector of Police, policemen must have completed 10 years of service in the rank of Head Constable. The policemen wanted the Government Orders to be interpreted in such a way that upon completing a fixed period, they would get upgradation as Grade I Constable automatically and thereafter, as Head Constable and ultimately as Special Sub Inspector of Police. No such indication is found in any of the Government Orders extracted above. We aretherefore of the view that the appellants are correct in their contention that the writ court committed a fundamental error while interpreting the Government Orders and the same resulted in allowing the Writ Petitions filed by the respondents. http://www.judis.nic.in 14. We fully concur with the views expressed by the Madurai 11 Bench of this Court in its order in R.A.(MD) Nos.70 of 205 etc. batch.
15. The intra court appeals filed by the State are allowed. The connected appeals filed by the policemen are dismissed. No costs."
9. Decision made in the common order in W.A.Nos.47 to 51 of 2014 etc. batch of appeals, dated 30.08.2019, is squarely applicable to the instant writ appeals.
10. Applying the same, instant writ appeals are dismissed. No Costs. Consequently, the connected civil miscellaneous petitions, are closed.
(S.M.K., J.) (D.K.K., J.) 19.09.2019 Index: Yes / No Internet: Yes / No dm To
1.The Director General of Police, Tamil Nadu, Chennai - 600 004.
2.The Superintendent of Police, District Police Office, Coimbatore District, Coimbatore - 18.
http://www.judis.nic.in 12 S.MANIKUMAR,J.
AND D.KRISHNAKUMAR, J.
dm W.A.Nos.3268 and 3269 of 2019 and C.M.P.Nos.20710 and 20709 of 2019 19.09.2019 http://www.judis.nic.in