1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 30.06.2011 CORAM :: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.331 of 2011 and M.P.(MD)Nos.2 and 3 of 2011 1. V. Samy (HC - 1360), S/o. Veerapandia Thevar, C-1, Palam Police Station, Tirunelveli District. 2. M. Krishnan (HC - 1449), S/o. K. Mani Naidu, 922-A, Brindavana Nagar 1st St., KTC Nagar, Palayamkottai, Tirunelveli District. 3. Gurunathan (HC - 1386), S/o. S. Kadarkaraiyandi Nadar, Melapalayam Police Station, Tirunelveli District. 4. C. Maruthaiah (HC - 759), S/o. Chinna Shanmugaiah Thevar, 45, Bharathi Nagar, Police Quarters, Palayamkottai, Tirunelveli District. ...... Petitioners - Vs - 1. The Government of Tamil Nadu, Rep. by its Home Secretary, Fort. St. George, Chennai - 600 009. 2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004. 3. The Commissioner of Police, Tirunelveli City, Tirunelveli. .......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 and quash the impugned order passed by the second respondent in Rc.No.192801/NGB.III(2)/2010 dated 19.11.2010 and consequently direct the respondents to fix the seniority and give promotion to the petitioners for the post of Sub Inspector of Police. For Petitioners :: Mr. A. Rajaram For Respondents :: Mr. T. S. Mohamed Mohideen Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R Challenging the order of the second respondent dated 19.11.2010, the present writ petition has been filed by the petitioners with a further direction to the respondents to fix the seniority and give them promotion for the post of Sub Inspector of Police. 2. The case of the petitioners is that they are Head Constables in Palayamkottai city under the control of the third respondent. Subsequently, though they were promoted as Grade I PC, their seniority was not fixed. They have given several representations to fix their seniority. In the meanwhile, the Government passed G.O.No.36 Home Pol V dated 11.01.2002 and also G.O.Ms.No.844 (Home) dated 03.06.1997, which clearly states that ten years experience as Constable to be promoted to Grade I Constable and persons who have completed five years completed Grade I constable to be promoted to Head Constable. The persons who have completed 25 years are eligible for the post of Sub Inspector of Police. However, the said status has not been given to the petitioners. Hence, the petitioners approached the respondents, however, their request was negatived by the impugned order of the second respondent dated 19.11.2010. 3. I have heard the submissions of the learned counsel for the petitioners and also the learned Additional Government Pleader appearing for the respondents. 4. The Principal Bench in W.P.No.27036 of 2005 while considering a similar issue, by an order dated 13.04.2006 has given the following direction which is as follows:- "6. In view of the said settled position not disputed by the respondents, the writ petition is allowed with the following direction: "The respondents are directed to place the petitioner above the respondents 6 to 19 in the appropriate promotion post and give him all service benefits and other further promotions. This order shall be complied by the respondents within a period of six weeks from the date of receipt of a copy of this order". It is not disputed by the learned Additional Government Pleader that the case of the petitioners covers the said order. 5. In view of the above, this writ petition is allowed and the impugned order of the second respondent dated 19.11.2010 stands quashed and the respondents are directed to fix the seniority of the petitioners to which they are entitled to and give them promotion to the post of Sub Inspector of Police. The above said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. However, there will be no order as to costs. Consequently, the connected M.P.(MD)Nos.2 and 3 of 2011 are closed. Dpn/- Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1. The Home Secretary, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009. 2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004. 3. The Commissioner of Police, Tirunelveli City, Tirunelveli. +1 cc to Special Government Pleader, SR.No.21139. +1 cc to Mr.A.Rajaram, Advocate SR.No.21346. W.P.(MD)No.331 of 2011 and M.P.(MD)Nos.2 and 3 of 2011 Dated:30.06.2011 3P/6C RPB 19.07.2011 https://hcservices.ecourts.gov.in/hcservices/