Madras High Court
Unknown vs The Secretary To Government on 15 December, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.35498 of 2019 and etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 18.08.2021
Pronounced On 15.12.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.Nos.35498 of 2019 and W.P.Nos.10882, 10884,
10887, 10890, 10894 & 12347 of 2020
and W.P.No.18069 of 2018
and
W.M.P.Nos.15197, 13204, 13207,
13210, 13216 &13222 of 2020
(Through Video Conferencing)
W.P.No.35498 of 2019
1.A.V.Sophia
2.R.Kuzhali
3.K.Porkodi
4.N.Mangalam
5.S.Karpagavalli
6.S.Rajeswari
7.A.Mallika
8.R.Valli
9.P.Mailammal
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https://www.mhc.tn.gov.in/judis
Page No 1 of 37
W.P.No.35498 of 2019 and etc. batch
10.P.Thirumala Devi
11.P.Shaila
12.S.Thannila
13.M.C.Kavitha Devi
14.U.Porkodi
15.A.Indira ... Petitioners
Vs.
1.The Secretary to Government,
Home Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Director General of Police,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
3.The Commissioner of Police,
No.132, Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai – 600 007. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, to call for the records of
the proceedings in R.C.No.64762/NGB V (2)/2019 dated 21.01.2020 on
the file of the second respondent and quash the same as illegal,
______________
https://www.mhc.tn.gov.in/judis
Page No 2 of 37
W.P.No.35498 of 2019 and etc. batch
incompetent and ultravirus and consequently direct the respondents to
advance the petitioners promotion as Head Constables from 01.01.1996
and as Sub-Inspectors of Police from 01.01.2006 and eventually as
Inspectors of Police from 01.01.2016.
For Petitioner : Mr.R.Singaravelan, Senior Counsel
for Mr.R.Jayaprakash
For Respondents : Mr.L.S.M.Hasan Fizal, Govt. Adv.
COMMON ORDER
By this common order, all these Writ Petitions are being disposed.
2. In these Writ Petitions, the respective petitioners have challenged the respective impugned proceedings issued to them. The petitioners belong to women police services who were recruited during 1981 and 19991 as Grade I Police Constable under the Adhoc Rules framed by the Government of Tamil Nadu to recruit women into the police service.
3. The prayer of the all these Writ Petitions reads as under:-
Sl. W.P.No. Number of Prayer Year of
No. Petitioners appointment
1 18069/2018 3 To call for the records of the 1981
______________
https://www.mhc.tn.gov.in/judis Page No 3 of 37 W.P.No.35498 of 2019 and etc. batch Sl. W.P.No. Number of Prayer Year of No. Petitioners appointment second respondent in connection with the impugned order passed by him in RC No.155117/NGB V (2)/2016 dated 11.08.2017 and quash the same and direct the respondents to revise the upgradation of the petitioners in the cadre of Head Constable, w.e.f.
01.03.1996 and consequently promote the petitioners as Inspector of Police based on seniority acquired in the cadre of Sub-
Inspector of Police by including the names of the petitioners in appropriate panel and grant them all consequential service and monetary benefits.
2 10882/2020 1 To call for the records on the file of 1981 the second respondent proceeding RC No.155117/ NGBV(2)/2016 dated 11.08.2017 and quash the same and consequently direct the respondents to revise the date of her promotion to the post of Head Constable, by upgradation as 01.04.1986 and the date of her promotion to the post of Sub Inspector of Police as 01.04.1996 and on that basis to consequently include her name in the appropriate place in the appropriate panel for promotion to the post of Inspector of Police and to promote her as such with retrospective effect on par with Men Constables, and grant all consequential benefits inclusive of revised retirement and pensionary benefits in the cadre of ______________ https://www.mhc.tn.gov.in/judis Page No 4 of 37 W.P.No.35498 of 2019 and etc. batch Sl. W.P.No. Number of Prayer Year of No. Petitioners appointment Inspector.
3 10884/2020 1 -do- 1981 4 10887/2020 1 -do- 1981 5 10890/2020 1 -do- 1981 6 10894/2020 1 -do- 1981 7 35498/2019 15 To call for the records of the 1991 proceedings in R.C.No.64762/NGB V (2)/2019 dated21.01.2020 on the file of the second respondent and quash the same as illegal, incompetent and ultravirus and consequently direct the respondent to advance the petitioners promotion as Head Constable from 01.01.1996 and as Sub-Inspector of Police from 01.01.2006 and eventually as Inspector of Police from 01.01.2016.
8 12347/2020 34 To call for the records relating to 1991 the second respondent’s proceedings made in Rc.No. 64762/NGB V(2)/2019 dated 21.01.2020 and to quash the same and consequently direct the respondents to advance the promotion of the petitioners as Head Constable from 01.01.1996 and as Sub Inspector of Police from 01.01.2006 and eventually as Inspector of Police from 01.01.2016 with all accrued service benefits thereon.
4. By the proceedings dated 21.01.2020 impugned in ______________ https://www.mhc.tn.gov.in/judis Page No 5 of 37 W.P.No.35498 of 2019 and etc. batch W.P.Nos.35498 of 2019 & 12347 of 2020, the representations dated 18.11.2019 of the petitioners have been rejected by second respondent with the following observation:-
4. As regards the request of the petitioners for revision of their seniority in the rank of Head Constable and to accord consequential service benefits, it is informed that time bound ‘Upgradation Scheme’ was in vogue from the year 1997 followed by the said scheme introduced in the year 1993 and as such, the Women Police recruited prior to the year 1993 comes under the purview of Adhoc Rules framed by the Govt. vide G.O. 1st cited.
(ii) There is no provision made in the Adhoc Rules framed by Government exclusively for Women Police personnel as well as in the subsequent orders made thereon to upgrade them as Head Constable in a time bound manner by reckoning their date of enlistment as the criteria. This being so, the question of subjecting them to the test for selection to the post of Sub Inspector of Police in the year 2000 does not arise.
(iii) It is further noticed that similar grievance of the said petitioners had already been rejected vide Chief Office memorandum 5th cited solely on the grounds that promotion of the above said batch had been given as per the rule provisions. Now, they have again come up with similar request without adding any fresh grounds to consider their claim.
______________ https://www.mhc.tn.gov.in/judis Page No 6 of 37 W.P.No.35498 of 2019 and etc. batch
5.Taking into consideration the above facts and in view of the reasoning mentioned in paras-4 (ii) & (iii) above, the request of the petitioners for revision of seniority in the rank of Head Constable and to accord consequential service benefits is not be feasible for consideration and is therefore rejected.
5. By the proceedings dated 11.08.2017 impugned in W.P.Nos.10882, 10884, 10887, 10890, 10894 of 2020 and 18069 of 2018, the representations dated 05.02.2016 & 05.04.2016 of the petitioners have been rejected with the following observation:-
4. A close analysis of the aforesaid case with relevant records reveals the following:
(i) Upgradation scheme was introduced by the Govt. in G.O.Ms.No.1681, Home Department, dated 12.10.1992 in order to remove stagnation of promotion among Men Gr.II PCs, as they had not been elevation for first level promotion even after a period of 15 years of service. Then, the Govt. Implemented upgradation scheme in a time bound manner vide G.O.Ms.No.844, Home Department, dated 03.06.1997, further amended in Govt. Lr.No.107160 / Pol.5 / 1997-2, dated 07.01.1998. According to this G.O., Men Gr.II PCs having 10 years of service without getting any promotion may be upgraded as Gr I PCs and Men Police Personnel having 5 years service as Gr. I PCs without getting promotion as HCs may ______________ https://www.mhc.tn.gov.in/judis Page No 7 of 37 W.P.No.35498 of 2019 and etc. batch be upgraded as HCs. There is no specific clause in the Adhoc Rules regarding promotion of Women Police by way of upgradation.
(ii) The batchmates of the said Writ Petitioners (viz) Tvl. Parijatham P. Meenakumari, A Vasanthi& Kalyani were elevated to the post of HC and SI according to the vacancies in the respective Ranges / City and further elevated as IoP as per their State wide seniority in the rank of SI. The Women Police Personnel recruited prior to the year 1993 come under the purview of Adhoc Rules framed by the Govt. vide G.O.Ms.No.2566, Home Dept., dated 01.11.1974.
In as much as the promotion of Women Police upto the post of SI of Police is based on Range- wise as per Adhoc Rules, the Writ Petitioners cannot compare the promotional / upgradation aspects earned by their counter parts in other Range / City and as well as Men Police personnel.
5. Taking into consideration of the reasoning mentioned in proceeding para, it is concluded that the claim of the Writ Petitioners Tvl. R.Amutha& 21 others for revising their date of promotion as HC and SI is not at all feasible for consideration and is therefore rejected.
6. The petitioners were appointed as Grade-I Women Police Constables in the year 1981 &1991 in terms of the Adhoc Rules framed by ______________ https://www.mhc.tn.gov.in/judis Page No 8 of 37 W.P.No.35498 of 2019 and etc. batch Government exclusively for Women Police Personnel.
7. For the sake of convenience, hereinafter, the petitioners shall be referred as 1981 batch Grade-I Women Police Constables and 1991 batch Grade-I Women Police Constables. These petitioners who were appointed during 1981 & 1991 respectively seek notional promotion on par with their male counterparts on the ground that there has been a large scale discrimination between the men and the women who joined at about same time in the police service.
8. According to the petitioners, they should have been promoted as Head Constable (HC) and Sub-Inspectors (SI) as detailed below :-
Batch Head Special Sub Inspector Inspector Constable / Sub Inspector 1981 batch Gr.I W. P.Cs. 1986 1996 2006 1991 batch Gr.I W. P.Cs. 1996 2006 2016
9. It is submitted that though the petitioners are entitled to the promotion in these years, they were promoted belatedly in the following years:-
______________ https://www.mhc.tn.gov.in/judis Page No 9 of 37 W.P.No.35498 of 2019 and etc. batch Batch Head Special Sub Inspector Inspector Constable / Sub Inspector 1981 batch Gr.I W. P.Cs. 1996 & 1997 2003 & 2004 2015 & 2019 1991 batch Gr.I W. P.Cs. 1999 2009 -
10. Since some of the 1981 batch Grade – I Women Police Constables had attained age of superannuation, they have also retired from service as Sub Inspector of Police.
11. The common submission of the learned Senior Counsel, learned counsel appearing for the respective petitioners is that the petitioners are entitled to be promoted on par with their male counterparts who were given promotions in time though notionally, whereas, these petitioners who are women have been denied their promotion in time, as a result of which, the petitioners have been discriminated.
12. It is submitted that delay caused by the respondents in granting promotion to the petitioners offends Articles 14, 16 and 21 of the Constitution of India. It is also submitted that in order to solve the problem of stagnation in the constabulary rank, the Government had also introduced ______________ https://www.mhc.tn.gov.in/judis Page No 10 of 37 W.P.No.35498 of 2019 and etc. batch the upgradation scheme to the police personnel vide G.O.Ms.No.1681, Home (Pol.V) Department, dated 12.10.1992, as per which, the Government decided to upgrade 21,000 posts of Grade II Police Constables as Grade I Police Constables and 4,000 posts of Grade I Police Constables as Head Constables in a phased manner.
13. It is submitted that the aforesaid upgradation scheme was not extended to the Women Police Constables and after the representation given by the 1986 batch to the Government, the Government have decided to upgrade the Women Police Constables on par with the other Police Constables who come under the Tamil Nadu Police Subordinate and Tamil Special Police Subordinate Service Rules.
14. It is submitted that the respondents had rejected the representations of the petitioners stating that there is no provision in the Adhoc Rules framed by the Government exclusively for Women Police Personnel to be promoted and hence the question of subjecting the petitioner to the test for selection to the post of Sub Inspector of Police earlier did not arise.
______________ https://www.mhc.tn.gov.in/judis Page No 11 of 37 W.P.No.35498 of 2019 and etc. batch
15. It is submitted that the discrimination perpetrated by the respondents had caused an irreparable loss and hardship to the petitioners and denial of legitimate expectations of the petitioners as compared to their male counterparts who were promoted as Head Constable they were appointed as Grade I Police Constables.
16. It is also submitted that due to the delay, the juniors of the petitioners have marched over them and got promotions ahead them which is impermissible under the service jurisprudence. It is also submitted that in normal course, a Grade II Police Constable on completion of 25 years of service (i.e. 10 years of service as Grade II P.C., 10 years of service as Grade I P.C., and 5 years of Service as Head Constable) is entitled to be promoted as a Special Sub Inspector of Police as per the upgradation policy.
17. It is therefore submitted that since the petitioners were appointed as Grade I Police Constables should have been promoted as Head Constables on completion of 10 years of service and thereafter as Special Sub Inspectors of Police / Sub Inspectors of Police and therefore, the ______________ https://www.mhc.tn.gov.in/judis Page No 12 of 37 W.P.No.35498 of 2019 and etc. batch impugned orders denying the benefit to the petitioners their right to be promoted are liable to be interfered by notionally advancing the date of promotion and conferring appropriate promotion on par with their male counterparts.
18. In support of the present Writ Petitions, the petitioners have drawn reference to various Government Orders, wherein, the Government itself took note of the fact that the Police Constable who were recruited from 1974 onwards were stagnating in the same posts or with only one promotion.
19. It is submitted that the Government itself has recognised the anomaly and thus given promotion to the male counterparts of the petitioners with retrospective effect. However, this benefit has been denied to the Women Police personnel like petitioners.
20. In support of the present Writ Petitions, the learned counsel relied on the following decisions:-
i. R.Ulaganathan Vs. State of Tamil Nadu, rep. by ______________ https://www.mhc.tn.gov.in/judis Page No 13 of 37 W.P.No.35498 of 2019 and etc. batch the Home Secretary, in W.A.No.47 of 2014 and batch, dated 30.08.2019.
ii. K.Rajagopalan Vs. The President – cum – Deputy Commissioner, Washermenpet, Greater Chennai Police, in W.P.No.18459 of 2013, dated 15.03.2019.
iii. S.Parthiban and others Vs. Secretary to Government, Home Police Department, Government of Tamil Nadu, (2020) 2 MLJ 165. iv. A.Muniyammal and others Vs. The Inspector General of Police, South Zone, Madurai Dist., in W.P. (MD) No.10989 of 2010, dated 11.11.2014.
21. Appearing on behalf of the respondents, the learned Government Advocate Mr.L.S.M.HasanFizal submits that as the Women Police Constables who were appointed upto 1992 are governed by the Adhoc Rules. It is submitted that initially the upgradation scheme was not extended to them and subsequently, based on the representations given by the Grade I Women Police Constables appointed in the year 1986, this scheme was extended to women police.
22. He further submits that there is no provisions in the Adhoc Rules framed by the Government, exclusively for Women Police personnel as well as in the subsequent Government Orders made thereon to upgrade the ______________ https://www.mhc.tn.gov.in/judis Page No 14 of 37 W.P.No.35498 of 2019 and etc. batch Women Police as Head Constable in a time bound manner by reckoning their date of enlistment as the criteria.
23. The learned Government Advocate further submits that G.O.Ms.No.937, Home Department, dated 21.07.1998 pertains to upgradation of Police personnel as a Special Sub Inspector of Police and the case of the petitioners cannot be considered as per the G.O. He referred to a decision of the Division Bench of this Court in R.Ulaganathan Vs. State of Tamil Nadu, rep. By the Home Secretary, in W.A.No.47 of 2014 batch, dated 30.08.2019.
24. I have considered the arguments advanced by the learned Senior Counsel and learned counsel for the respective petitioners and the learned Government Advocate appearing for the respondents.
25. The point for consideration in these Writ Petitions is whether the petitioners who were directly appointed as Grade I Women Police Constables in the years 1981 & 1991 are entitled to have same privilege as that of the male counterparts who were serving as Grade I Police ______________ https://www.mhc.tn.gov.in/judis Page No 15 of 37 W.P.No.35498 of 2019 and etc. batch Constables at about the same time when the petitioners were appointed in these years and were given promotions notionally earlier than the petitioners?
26. The direct recruitment of Grade I Police Constable was introduced in the year 1972. The direct recruitment of Grade I Police Constables for Men was conducted in the years 1972 and 1974.
Thereafter, there was no direct recruitment for Men for some time.
27. The direct recruitment of Grade I Police Constables for Women was for the first time held in 1981 and thereafter in 1986 and later 1991 under the Adhoc Rules framed by the Government on 05.12.1973.
28. As per the Adhoc Rules, there is no avenue for appointment of Women as Women Police Constable Grade - I directly through Direct Recruitment. The post of Women Police Constable Grade – I was a promotional post. The method of appointment prescribed under the Adhoc Rules is as under:-
______________ https://www.mhc.tn.gov.in/judis Page No 16 of 37 W.P.No.35498 of 2019 and etc. batch CATEGORY METHOD OF APPOINTMENT i Woman Sub Inspector (a) By Direct Recruitment
(b) By Recruitment by transfer from any other service
(c) By promotion from the holders of the post of Woman Head Constables.
Provided that promotion shall not be more than 30% of the cadre (G.O.Ms.No.2276, Home (Pol.III) Dept. dt. 26.9.81) ii Woman Head Constables By promotion from the category of Woman Police Constable Gr.I iii Woman Police Constable By promotion from the category of Grade I Women Police Constables Grade II iv Women Police By direct recruitment Constables Grade II
29. There was no scope for appointing the petitioners as Women Police Constable Grade I directly. Thus, the appointment to the post of Women Police Constable Grade I was only to be by way of promotion from the category of Women Police Constables Grade II.
30. However, in G.O.Ms.No.2566, Home Department, dated ______________ https://www.mhc.tn.gov.in/judis Page No 17 of 37 W.P.No.35498 of 2019 and etc. batch 01.11.1974, the distinction between the Grade I and Grade II Women Police Constables was blurred. Relevant portion from G.O.Ms.No.2566, Home Department, dated 01.11.1974 is reproduced below:-
The General and Special Rules applicable to the holders of the permanent posts in the Tamil Nadu Police Subordinate Service shall apply to the holders of the temporary posts of Women Sub Inspectors, Head Constables and Police Constables sanctioned from time to time in the Police Department, subject to the modification specified in the following rues:
2. CONSTITUTION The posts shall constitute a distinct category in the said class of the said service.
31. Following qualification was prescribed for women in Rule 5 of the Notification in G.O.Ms.No.2566, Home Department, dated 01.11.1974:-
5. QUALIFICATIONS:
i. AGE: No person shall be eligible for appointment to the post by direct recruitment unless she possesses the following age limit, namely:-
______________ https://www.mhc.tn.gov.in/judis Page No 18 of 37 W.P.No.35498 of 2019 and etc. batch CATEGORY QUALIFICATION i Woman Sub Inspector Must have completed 20 years of age as on 1st July of the year of recruitment Provided that the upper age limit shall be 35 years instead of 30 years for the appointment by direct recruitment of a candidate who is a member of a Schedule Caste or a Schedule Tribe.
Provided also, the upper age limit shall be 49 years for appointment for promotion.
ii Woman Police Must have completed 18 years of age Constables and must not have completed thirty years of age.
Provided further that the upper age limit shall be 35 years for the appointment of a candidate who is a member of a Schedule Caste or a Schedule Tribe.
(b) Other Qualifications:- No person shall be eligible for appointment to the post otherwise than by promotion unless she possesses the following qualifications:-
CATEGORY QUALIFICATION
i Woman Sub Inspector (i) Direct recruitment
All the candidates including
candidates belonging to candidates belonging to Schedule ______________ https://www.mhc.tn.gov.in/judis Page No 19 of 37 W.P.No.35498 of 2019 and etc. batch CATEGORY QUALIFICATION Caste/Schedule Tribe/Backward class/Most Backward Class and Denotified Tribe shall possess degree either in Tamil or English medium of any university recognized by the U.G.C. They must also possess sound knowledge to speak, read and write in Tamil.
(ii) Promotion Experience for a period of not less than four years as Women Head Constable ii Woman Police S.S.L.C. of old pattern or of the new Constables pattern of the State
32. Even though the expressions “Grade I and Grade II” were deleted in G.O.Ms.No.2566, Home Department, dated 01.11.1974, anomaly still continued in as much as the expression Grade II remained to be there in the Category (iii) and (iv) of Rule 3 of Adhoc Rules.
33. The qualification of Grade I Women Police Constable under the Adhoc Rules is same as the qualification prescribed and applied for Men as Grade II Police Constable under the Tamil Nadu Police Subordinate ______________ https://www.mhc.tn.gov.in/judis Page No 20 of 37 W.P.No.35498 of 2019 and etc. batch Service Rules.
34. The petitioners were to be otherwise first recruited/appointed only as Grade II Police Constable and thereafter were to be promoted to the post of Grade I Women Police Constables and later as Head Constables but for the intervention under G.O.Ms.No.2566, Home Department, dated 01.11.1974.
35. It was intended to designate the direct recruitee like the petitioners as Women Police Constable as otherwise the promotional post of Women Police Constable Grade I would have remained unfilled and vacant for the first ten years under the Adhoc Rules after recruitment began in 1981 for the women.
36. The blurring of the distinction between the post of Grade I and Grade II Women Police Constables was made when the recruitment of women into police service was at its infancy during 1981 and 1991. The blurring of the distinction between the post of Grade I and Grade II Women Police Constable was merely to designate Women Police ______________ https://www.mhc.tn.gov.in/judis Page No 21 of 37 W.P.No.35498 of 2019 and etc. batch Constables as a separate class and was not intended to confer any special advantage to them.
37. The qualification for appointment to the post of Grade II Police Constable was a pass in S.S.L.C (10th Standard) for men and therefore, persons like the petitioner who were appointed as Women Constables cannot be given a special advantage. In fact, conferring earlier promotion notionally to the petitioner would result in unfair advantage to them as compared to their male counterparts.
38. G.O.Ms.No.937, Home (Police III) Department, dated 21.07.1998 clarified that a Police Constable must have completed about 25 years of service including 10 years of service as a Head Constable to be promoted as a Special Sub Inspector as detailed below:-
10 Years 5 Years 10 Years Special Sub Grade II Police Grade I Police Head Constable Inspector of Constable Constable Police
39. Only Grade I Police Constable (Men) appointed through direct recruitment in year 1974 were exempted from completion of 25 years of service when the above G.O. was issued as they had completed served 10 ______________ https://www.mhc.tn.gov.in/judis Page No 22 of 37 W.P.No.35498 of 2019 and etc. batch years of service as Head Constable but had completed 24 years service in the police department. There was a special relaxation for 1974 batch of Grade I Men Police Constables alone.
40. It should be also recalled that based on the announcement made by the then Hon’ble Chief Minister of the State before the Assembly Meeting held on 25.05.1998, a decision was taken to create a new post of the Special Sub Inspector of Police in the Police Department due to the lack of vacancies to promote a large number of Head Constables as Sub Inspectors of Police.
41. Thus, G.O.Ms.No.937, Home (Police III) Department, dated 21.07.1998 was issued. The purpose of creating the post of Special Sub Inspector of Police was to give parity in the pay scale in the post of Special Sub Inspector of Police and the Sub Inspector of Police. Thus, the recruitments made earlier were streamlined.
42. The petitioners who were otherwise to be appointed as Women Police Constables Grade II were merely designated as Women Police Constables. The petitioners did not possess any other additional ______________ https://www.mhc.tn.gov.in/judis Page No 23 of 37 W.P.No.35498 of 2019 and etc. batch qualifications when were also to be appointed first as Women Police Constables through direct recruitment either in the year 1981 and 1991 as compared to their male counterparts who were first recruited as Grade II Police Constable and thereafter promoted as Grade I Police Constable.
43. If at all, the petitioners who were appointed as Women Police Constables Grade through direct recruitment either in the year 1981 and 1991 can compare themselves with their male counterparts who were recruited as Grade II Police Constable. The age and educational qualification for both the post are same.
44. Merely because the Government at that point of time thought it fit to blur a distinction between the post of Grade I and Grade II Women Police Constables and thus directed for deletion of the word and figure “Grade II” shown against Women Police Constables in Rule-2 of the Adhoc Rules vide G.O.Ms.No.2566, Home Department, dated 01.11.1974 cannot be interpreted to mean that the petitioners should be given undue advantage over their male counterparts or should be treated on par with Grade I Men Police Constables who would have served 10 years as Grade ______________ https://www.mhc.tn.gov.in/judis Page No 24 of 37 W.P.No.35498 of 2019 and etc. batch II Police Constables.
45. The said G.O.Ms. clarified that a Police Constable would require about 25 years of service including the 10 years of service as a Head Constable to be promoted to the post of Special Sub Inspector and since there was no scope for promoting large number of Head Constable as Sub Inspectors of Police due to the lack of vacancies, the post of Special Sub Inspector of Police was being created.
46. Further, a male counterpart of the petitioners who would have joined in the years in 1981 and 1991 as Grade II Police Constable would have taken 25 years to be promoted as a Special Sub Inspector of Police.
The following chart by way of illustration will demonstrate the same:-
Recruitment 10 Years 5 Years 10 Years Year Special Sub Grade II Police Grade I Police Head Inspector of Constable Constable Constable Police 1981 1981-1990 1991-1995 1996-2005 2006 ______________ https://www.mhc.tn.gov.in/judis Page No 25 of 37 W.P.No.35498 of 2019 and etc. batch Recruitment 10 Years 5 Years 10 Years Year Special Sub Grade II Police Grade I Police Head Inspector of Constable Constable Constable Police 1991 1991-2000 2001-2005 2006-2015 2016
47. As per the above G.O, a total of 25 years of service was must to promote a Head Constable as a Special Sub Inspector of Police. The G.O. further clarified that since the Grade I Police Constables appointed in the year 1974 through direct recruitment had not completed their 25 years of total service when the G.O. was issued though they would have completed 10 years of service as Head Constables, exemption was given to them only from the 25 years of total service while promoting as Special Sub Inspector of Police.
48. Therefore, Grade I Police Constables appointed in the year 1974 through direct recruitment were promoted as Special Sub Inspectors of Police without their completing 25 years of service.
49. Persons who were recruited under the Special Rules for Tamil ______________ https://www.mhc.tn.gov.in/judis Page No 26 of 37 W.P.No.35498 of 2019 and etc. batch Nadu Police Subordinate Service, the Tamil Nadu Special Police Subordinate Service Rules, 1978 and Adhoc Rule are to be treated on par with each other based on their qualification at the entry level and experience in the service. The qualifications to the Post of Grade II Police Constable under the respective Rules, viz. the Special Rules for Tamil Nadu Police Subordinate Service, the Tamil Nadu Special Police Subordinate Service Rules, 1978 and Adhoc Rule, are one and the same after 1978.
50. The petitioners who were appointed as Women Police Constables are to be treated on par with their male counterparts at the entry level post of Grade II Police Constable and not as Grade I Police Constable.
51. The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), which was later constituted in November, 1991 vide G.O.Ms.No.1806, Home (Ser.F) Department, dated 29.11.1991 for the recruitment of personnel for the Uniformed Services like Police, Prison and Fire and Rescue Services, has streamlined the method of direct recruitment ______________ https://www.mhc.tn.gov.in/judis Page No 27 of 37 W.P.No.35498 of 2019 and etc. batch to various posts in the above Uniformed Services.
52. Until about 2006, the police personnel who were appointed as Police Constables Grade I and II, after completing their requisite years of service as Constables and Head Constables, had to participate in the test conducted by Range Promotion Board.
53. The Government of Tamil Nadu by G.O.(Ms.) No.1055, Home (Police III) Department, dated 01.11.2006 decided to scrap the Range Promotion Board as large scale of irregularities and nepotism were noticed in the tests conducted by the Range Promotion Board.
ORDER While replying to the discussion relating to the “Demand No.22- Police” on 30.08.2006 in the Legislative Assembly, the Hon’ble Chief Minister has made, among others, the following announcement:-
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2. In pursuance of the announcement made by the Hon’ble Chief Minister, the Director-General of Police has sent necessary draft notification for amending the rule 3 (d) (iii) of the Special Rules for the Tamil Nadu Police Subordinate Service insofar as it relates to deleting of the Range Promotion Board tests conducted to Head Constables/Head Constables (Armed Reserve) for promotion as Sub-Inspectors of Police/Sub-Inspectors of Police (Armed Reserve).
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3. The Government, after careful examination of the proposal of the Director-General of Police, have decided to accept the same. They accordingly direct that the provision relating to conduct of Range Promotion Board tests, viz., written test and viva-voce examination including drill test to Head Constables/Head Constables (Armed Reserve) for promotion as SubInspectors of Police/Sub-Inspectors of Police (Armed Reserve) in rule 3 (d) (iii) of the Special Rules for the Tamil Nadu Police Subordinate Service be deleted. Consequently, the Government direct that promotions to the Head Constables/Head Constables (Armed Reserve) as Sub-Inspectors of Police/Sub-Inspectors of Police (Armed Reserve) be granted based on seniority and service records.
4. Necessary amendments to the Special Rules for the Tamil Nadu Police Subordinate Service will be issued separately by the Government in the Home (Police.VI) Department.
54. As far as the 1991 batch Grade I Women Police Constables are concerned, they have been given promotion as Head Constables in the year 2003 and 2004 and thereafter, it was decided to notionally upgrade them as Head Constable with effect from the year 1999 without monetary benefits and thereafter, they were promoted as Special Sub Inspectors of Police in 2009 with monetary benefits from the date of G.O as a onetime measure ______________ https://www.mhc.tn.gov.in/judis Page No 30 of 37 W.P.No.35498 of 2019 and etc. batch and as a special case in terms of G.O.(Ms.) No.152, Home (Police III) Department, dated 25.02.2011.
55. Under Adhoc Rules read with Notification given in G.O.Ms.No.2566, Home Department, dated 01.11.1974, exemption was given to the General Rules inasmuch as the aforesaid Rule was announced for the first time in the year 1974 with effect from 05.09.1973.
56. At that point of time, there was no scope for promotion to the post of Women Police Constable Grade I and therefore, it was construed that there was no necessity to distinct between the Grade I and Grade II Police Constables as the word and figure “Grade II” were against the Women Police Constables.
57. Further, the appointment under Adhoc Rules as notified by G.O.Ms.No.2566, Home Department, dated 01.11.1974 was intended to create a temporary post for the Women Police Wing in the Madras City.
The issue of aforesaid G.O.Ms.No.2566, Home Department, dated 01.11.1974 proceeded the issue of G.O.Ms.No.2382, Home Department, ______________ https://www.mhc.tn.gov.in/judis Page No 31 of 37 W.P.No.35498 of 2019 and etc. batch dated 05.09.1973, G.O.Ms.No.1048, Home Department, dated 27.04.1974 and Rc.No.39409/SR.2/73 of the Inspector General of Police, dated 01.11.1973 & 23.04.1974.
58. The qualification prescribed for the Women Police Constable which was amended by G.O.Ms.No.1203, Home (Police III) Department, 08.08.1995 was a mere pass in S.S.L.C. The petitioners were appointed with a minimum S.S.L.C. pass. Therefore, the petitioners cannot claim any advantage.
59. If the arguments of the learned counsel for the respective petitioners are accepted, the petitioners being appointed as Women Police Constables will be entitled to be promoted as Head Constables within 5 years and thereafter as Special Sub Inspectors / Sub Inspectors of Police within a period of next 10 years, whereas, their male counterparts would take about 25 years to be promoted as Special Sub Inspectors / Sub Inspectors of Police.
60. As the petitioners who were appointed as Women Police ______________ https://www.mhc.tn.gov.in/judis Page No 32 of 37 W.P.No.35498 of 2019 and etc. batch Constables through direct recruitment in the years 1981 and 1991 were promoted as Head Constables in the years 1996 & 1997 and 1999 and as Sub Inspectors of Police in the years 2003 &2004 and 2009 respectively are concerned, they cannot claim any further benefit merely because they were recruited as Women Police Constables.
61. It would be fallacious to treat the petitioners as superiors to their male counterparts who were appointed as Grade II Police Constables as the appointment of the petitioners in the years 1981 and 1991 was only at the entry level with a minimum educational qualification of SSLC.
62. If the contention of the petitioners are accepted, an anomalous situation would arise. Following Chart demonstrates the position:-
Batch Head Special Sub Inspector Inspector Constable / Sub Inspector 1981 batch Gr.I W. P.Cs. 1986 1996 2006 1991 batch Gr.I W. P.Cs. 1996 2006 2016 ______________ https://www.mhc.tn.gov.in/judis Page No 33 of 37 W.P.No.35498 of 2019 and etc. batch
63. It would confer undue advantage on the petitioners. The Government of Tamil Nadu had already considered the case of the petitioners by promoting the 1981 batch Women Police Constables as Head Constables with effect from the years 1996 & 1997 and the 1991 batch Women Police Constables as Head Constables with effect from the year 1999 and thereafter by promoting as Sub Inspector with effect from the years 2003 & 2004 and 2009 respectively. They also have been given notional benefits in terms of G.O.(Ms.) No.152, Home (Police III) Department, dated 25.02.2011.
64. Therefore, the petitioners cannot claim to be similarly placed persons as that of their male counterparts who were recruited in the bottom at the entry point of time as Grade II Police Constables and thereafter upgraded as Grade I Police Constables at the end of 10 years as Grade II Police Constables merely based on their designations.
65. In the light of the above, there are no merits in these Writ Petitions and they therefore deserve to be dismissed. The petitioners are however given liberty to approach the respondents for appropriate ______________ https://www.mhc.tn.gov.in/judis Page No 34 of 37 W.P.No.35498 of 2019 and etc. batch relaxation.
66. Accordingly, these Writ Petitions are dismissed. No cost.
Consequently connected Miscellaneous Petitions are closed.
15.12.2021 Internet : Yes/No Index : Yes / No jen To
1.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai – 600 009.
2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
3.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 600 007.
______________ https://www.mhc.tn.gov.in/judis Page No 35 of 37 W.P.No.35498 of 2019 and etc. batch C.SARAVANAN, J.
jen Pre-Delivery Common Order in W.P.No.35498 of 2019 and etc. batch ______________ https://www.mhc.tn.gov.in/judis Page No 36 of 37 W.P.No.35498 of 2019 and etc. batch 15.12.2021 ______________ https://www.mhc.tn.gov.in/judis Page No 37 of 37