Madras High Court
S.Senthamarai vs The State Of Tamil Nadu on 15 July, 2013
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2013
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
Writ Petition No.19181 of 2013
&
M.P.No.1 of 2013
1. S.Senthamarai
2. P.Rangan
3. C.Vivekanandhan
4. K.Ramakrishnan
5. R.Kanagaraj
6. P.G.Padmanabhan .. Petitioners
Vs.
1. The State of Tamil Nadu
rep.by its
Secretary to Government
Home Department,
Fort St.George
Chennai 9
2. The Director General of Police
Mylapore,
Chennai 5
3. The Commissioner of Police
Egmore,
Chennai 8 .. Respondents
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the 2nd respondent proceeding in Rc. NO. 130020/ NGB IV (1)/2012 dated 29.10.2012 and to quash the same and to direct the respondents herein to consider and accord Special Sub Inspectors with effect from 11.11.1996, 12.7.1999, 12.7.1999, 12.7.1999 10.2.2002, and 12.7.1999 respectively insofar as the petitioners are concerned as per G.O.(MS) No.937 Home (Police III) Department dated 21.7.1998 and G.O.(MS) No.15 Home (Police V) Department dated 7.1.2010 and consequently direct the respondents to revise and refix the pension and pensionary benefits forthwith to the petitioners.
For Petitioners : Mr.V.S.Sivasundaram
For Respondents : Mr.V.Subbiah, Spl.G.P
O R D E R
The petitioners joined service as Grade II Police Constable between 1971 and 1977.
2. They were upgraded as Grade I Police Constable pursuant to G.O.Ms.No.1681, Home Department dated 12.10.1992 during the period 1993 and 1994.
3. They were further upgraded as Head Constable on completion of 5 years of service as Grade I Police Constable, i.e., they became Head Constables during 1998 and 1999. On completion of 10 years of service as Head Constable, they were upgraded as Special Sub Inspector of Police during 2008 and 2010. They retired from service on various dates during 2009 and 2011.
4. Now they made a claim for grant of upgradation to the post of Special Sub Inspector of Police on their completion of 25 years of service from the date of appointment as Grade II Police Constable. After making representations, they approached this Court seeking for a direction to the respondents to grant the benefit of upgradation as Special Sub Inspector of Police on completion of 25 years of service in W.P.No.15934 of 2012.
5. When the Writ Petition was taken up, they prayed for disposal of their representation dated 28.11.2011 in this regard. Accordingly, the Writ Petition No.15934 of 2012 was disposed of on 22.6.2012 directing the concerned authority to dispose of their representation within a period of three months. Accordingly, the impugned order dated 29.10.2012 was passed negativing the request of the petitioners.
6. This Writ Petition is filed to quash the aforesaid order dated 29.10.2012.
7. Heard both sides.
8. The date of appointment of the petitioners as Grade II Police Constable, the date of upgradation as Grade I Police Constable and the date of their further upgradation as Head Constable as well as Special Sub Inspector of Police are given as under:
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SL. Rank and Name Date of Date of Date of Date of No. appointment upgradation upgradation upgradation as Grade II as Grade I as Head as Special Police Police Constable Sub Inspector Constable Constable of Police
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1 Senthamarai SSI (HC 5566) 111171 15.3.1993 5198 1608
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2 Rrangan SSI (HC 999) 12774 15.3.1993 15.1.1998 1608
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3 C.Vivekanandan SSI (HC 355) 12774 15.3.1993 15.1.1998 1608
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4 G.Padmanaban SSI (HC 645) 12774 15.3.1993 15.1.1998 1608
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5 G.Ramakrishnan SSI (HC 1316) 12774 15.3.1993 15/1/1998 1608
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6 R.Kanagaraj SSI (HC 6607) 10277 1,8.1994 1899 7110
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9. According to the petitioners, they should be upgraded as Special Sub Inspector of Police on 11.11.1996, 12.7.1999, 12.7.1999, 12.7.1999, 12.7.1999 and 10.2.2002 respectively, on completion of 25 years of service.
10. The learned counsel for the petitioners has heavily relied on paragraph 5 of G.O.Ms.No.15, Home Department dated 7.1.2010.
11. Paragraph 5 of G.O.Ms.No.15 is extracted hereunder:
"5. The Government after careful examination have decided to accept the proposal of the Director General of Police. Accordingly, the Government delegate
a) Powers to the Superintendents of Police/Commissioners of Police
i) to upgrade Grade II Police Constables who have not been promoted as Grade I Police Constables for want of vacancies, as Grade I Police Constables on completion of 10 years of service in the post of Grade II Police Constable from the first of the month succeeding the date of completion of 10 years.
ii) to upgrade Grade I Police Constables who have not been promoted as Head Constables for want of vacancies, as Head Constables for want of vacancies, as Head Constables on completion of 5 years of service in the post of Grade I Police Constables from the first of the month succeeding the date of completion of 5 years.
b) Powers to the Deputy Inspectors General of Police/Commissioner of Police to upgrade the police personnel who have completed 25 years of service, out of which 10 years of service have been completed as Head Constables and not able to get regular promotion as Sub Inspectors of Police from the first of the month succeeding the date of completion of 25 years of service." (Emphasis supplied)
11. According to the petitioners, they should be granted upgradation as Special Sub Inspector of Police on completion of 25 years of service.
12. I am not in agreement with the submission made by the learned counsel for the petitioners.
13. As rightly contended by the learned Special Government Pleader, as per paragraph 5(b) of G.O.Ms.No.15, one should have completed 10 years of service as Head Constable within 25 years of service and if he did not get promotion as Sub Inspector of Police, he could get the benefit of upgradation as Special Sub Inspector of Police.
14. The Sub Inspector of Police is the selection post. The Head Constable who served for 4 years can participate for the selection for the post of Sub Inspector of Police. A Head Constable, who rendered 10 years of service but he did not get promotion as Sub Inspector of Police and he has also rendered a total service of 25 years of service, could seek for upgradation as Special Sub Inspector.
15. In this case, the aforesaid table makes it clear that the petitioners were granted upgradation as Special Sub Inspector on completion of 10 years of service as Head Constable. Therefore, the impugned order has rightly negatived the claim of the petitioners to grant them upgradation on completion of 25 years of service, without insisting 10 years of service as Head Constable out of 25 years of service.
16. Further, it is relevant that as per G.O.Ms.No.1681, Home Department dated 12.10.1992, the Government ordered for the first time upgradation of Grade II Police Constables as Grade I Police Constables and Grade I Police Constables as Head Constables. The petitioners are beneficiaries of the aforesaid G.O.
17. As the number of Grade II Police Constables were not able to secure promotion and they were stagnating in the same post, the Government issued G.O.Ms.No.1681 ordering upgradation of Grade II Police Constables as Grade I Police Constables in a phased manner from 1992-93 to 1995-96. The petitioners secured upgradation based on the aforesaid G.O., as Grade I Police Constable during 1993-1994. Thereafter, following G.O.Ms.No.1681 and the subsequent Government Orders providing for upgradation of serving Grade I Police Constables as Head Constable on completion of 5 years of service, the petitioners were further upgraded as Head Constables. Thereafter, they were further upgraded as Special Sub Inspector of Police on completion of 10 years of service as Head Constable following G.O.Ms.No.937, Home Department dated 21.7.1998.
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.
ajr To
1. The Secretary to Government Home Department, Fort St.George Chennai 9
2. The Director General of Police Mylapore, Chennai 5
3. The Commissioner of Police Egmore Chennai 8