IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04.2.2010 C O R A M : THE HONOURABLE MR.H.L.GOKHALE, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN W.A.No.137 of 2010 P.Thulukkanam ... Appellant / Petitioner -vs- The Commissioner of Police, City Police Office, Egmore, Chennai-600 008. ... Respondent / Respondent PRAYER : Appeal filed under Clause 15 of the Letters Patent against the order dated 03.12.2007 made in W.P.No.20140 of 2006 (T) on the file of this Court. Original Application No.4803 of 1994 filed to set aside the impugned order passed by the respondent in his proceedings in R.C.No.Estt.I(3)/453/105376/93 dt.21.7.93 to refix the seniority of the applicant / petitioner according to law and promote an proforma basis and direct the respondent to grant all the attendant monetary benefits consequent on the refixation of seniority including pension has been transferred to the file of this Court and renumbered as W.P.No.20140 of 2006. For appellant : Mr.V.Subramani For respondent : Mr.J.Raja Kalifulla, GP *** J U D G M E N T (JUDGMENT OF THE COURT WAS DELIVERED BY THE HONOURABLE THE CHIEF JUSTICE) Heard Mr.V.Subramani, learned counsel in support of this appeal. Mr.Raja Kalifulla, learned Government Pleader appears for the respondent. 2. The appellant filed a petition to re-fix his seniority. He was working in the Police Force and he sought a direction that he should be promoted to the post of Sub-Inspector. That petition was rejected and, hence, this appeal is filed. https://hcservices.ecourts.gov.in/hcservices/ 3. In that petition, the appellant had sought to challenge the order of the respondent, dated 21st July 1993 declining him the particular promotion. It was his submission that his seniority was not fixed correctly and if it was so fixed, he would have been in a higher position and he would have got the promotion. In paragraph 2 of that order, the Commissioner of Police has, in terms, stated that promotion is given not merely on the basis of seniority. It is not automatic but it is on the basis of merit, secured in the test held for the purpose. It was contended by the appellant before the Commissioner that some 23 of his juniors were promoted. The Commissioner had noted that it was not so. The Commissioner has further noted that a similar appeal made by the appellant on similar lines had been rejected by the Director General of Police and it was communicated to the appellant on 07th October 1989. Thereafter, no steps had been taken for nearly about four years. 4. The learned Single Judge has declined to interfere with the order passed by the Commissioner and to grant promotion to the appellant as sought for by him. We see no reason to take a different view. 5. The writ appeal is, therefore, dismissed. However, there will be no order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar js To The Commissioner of Police, City Police Office, Egmore, Chennai-600 008. 1 cc To Mr.V.Subramani, Advocate, SR.6819 1 CC to the Government Pleader SR NO.6907 W.A.No.137 of 2010 VSV(CO) sra 10.02.2010 https://hcservices.ecourts.gov.in/hcservices/