IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.37432 of 2006 (T) (O.A.No.9389 of 1998) M.THEENADAYALAN ..PETITIONER Vs. 1. THE DIRECTOR GENERAL OF POLICE, CHENNAI-4. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, RAMNAD. 3. THE SUPERINTENDENT OF POLICE, SIVAGANGAI. ..RESPONDENTS Prayer: Original Application No.9389 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondents to promote the petitioner as Sub Inspector of Police by including his name at the appropriate place with due seniority in the 'C' list of Head Constables (Local) found fit for promotion as Sub Inspector of Police (Local) in the year 1998 and to consider his promotion as Sub Inspector of Police and to award all consequential benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : No appearance For Respondents : Mr. B. Vijay Government Advocate O R D E R Original Application No.9389 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondents to promote the petitioner/applicant as Sub Inspector of Police by including his name at the appropriate place with due seniority in the 'C' list of Head Constables (Local) found fit for promotion as Sub Inspector of Police (Local) in the year 1998 and to consider his promotion as Sub Inspector of Police and to award all consequential benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2. The grievance of the applicant/petitioner is that he is fully qualified to be included in the 'C' list of Head Constables eligible for promotion to the post of Sub Inspector of Police for the year 1998. A memorandum was issued on 29.9.1998 to convene the Range Promotion Board Test for drawal of 'C' list. The petitioner coming to know that his name has not been included in the 'C' list has filed the Oriental Application in the year 1998. 3. Petitioner has not approached the competent authority for redressal of his grievance and has approached the Tribunal directly. According to the petitioner, he suffered a punishment of reduction in time scale of pay by two stages with cumulative effect for two years with effect from 11.6.1997. According to the petitioner, the currency of the punishment is not a bar for inclusion in the 'C' list and hence the Original Appl9ication has been filed. 4. A reply has been filed by the respondent. Para 13 of the reply reads as follows:- "13. The applicant have a current punishment of reduction in pay by two stages for two years with cumulative effect from 1.06.97 and was undergoing punishment (i.e.) from 01.07.93 to 30.06.98. As per the norms prescribed by the Government in G.O.Ms.No.368, P & AR, dated 18.10.93, and subsequent amendments issued thereon in which instructions guidelines have been laid down for preparation of promotion panels the applicant's name was not considered to include in the 'C' list of Head Constable fit for promotion for the year 1998." In view of the above, the respondents have justified in not including the name of the applicant/petitioner in the "C" list. No other plea except the one stated above is taken. None appears on behalf of the petitioner. 5. In view of the specific G.O. referred to in the reply, and in view of the currency of the punishment at the relevant time, the petitioner's claim of the non inclusion in the 'C' list was justified. There is absolutely no merit in the Writ Petition. Finding no merits, this Writ Petition is dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To 1. THE DIRECTOR GENERAL OF POLICE, CHENNAI-4. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, RAMNAD. 3. THE SUPERINTENDENT OF POLICE, SIVAGANGAI. + 1 c.c. to The Government Pleader. S.R.No.7424. W.P.No.37432 of 2006 SP (CO) GSK 19.02.2010. https://hcservices.ecourts.gov.in/hcservices/