1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 30.06.2011 CORAM :: THE HONOURABLE MR. JUSTICE K. VENKATARAMAN W.P.(MD)No.711 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 A. Shanmugasundaram HC 2362, S/o. Arunachalam, No.52/2, Bharathiyar 8th Street, Sankarankovil, Tirunelveli District. ...... Petitioner - 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 Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli. 4. The Superintendent of Police, Tirunelveli, Tirunelveli District. .......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 fourth respondent in C.No.A2 / 40267 / 2010 dated 14.09.2010 and consequently direct the third and fourth respondents to fix the seniority and give promotion to the petitioner for the post of Sub Inspector of Police. For Petitioner :: 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 fourth respondent dated 14.09.2010, the present writ petition has been filed by the petitioner with a further direction to the respondents to fix the seniority and give him promotion for the post of Sub Inspector of Police. 2. The case of the petitioner is that he is a Head Constable in Tirunelveli District Police under the control of the fourth respondent. In the year 1993, he has been transferred from Tamil Nadu Special Police to Armed Reserve Police. After transfer, he has completed five years in Grade I PC. Then the second respondent had passed an order de-promoting him from Grade I PC to Grade II PC. He has given several representations to fix his seniority. Later, he was promoted as Head Constable on 11.01.2008 by the virtue of the order passed by the fourth respondent. The promotion has been delayed and the seniority was also not fixed. 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 petitioner. Hence, the petitioner approached the respondents, however, his request was negatived by the impugned order of the fourth respondent dated 14.09.2010. 3. I have heard the submissions of the learned counsel for the petitioner 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 petitioner covers the said order. https://hcservices.ecourts.gov.in/hcservices/ 3 5. In view of the above, this writ petition is allowed and the impugned order of the fourth respondent dated 14.09.2010 stands quashed and the respondents are directed to fix the seniority of the petitioner to which he is entitled to and give him 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.1 and 2 of 2011 are closed. Sd/- Assistant Registrar(RTI ) /True Copy/ Sub Assistant Registrar To: 1. The Secretary, Home Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009. 2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004. 3. The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli. 4. The Superintendent of Police, Tirunelveli, Tirunelveli District. +1cc to Mr.A.Rajaram, Advocate, Sr.No.21345 +one cc to Special Government Pleader, Sr.No. 21138 W.P.(MD)No.711 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 dpn/- SMA/22.7.2011/7C/3P https://hcservices.ecourts.gov.in/hcservices/