IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2010 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.35784 of 2006 N.Yugalingam ... Petitioner vs. 1.The Director General of Police, Admiralty House, Government Estate, Anna Salai, Chennai – 600 002. 2.The District Superintendent of Police, District Police Office, St. Thomas Mount, Chennai – 600 016. ... Respondents PRAYER: This writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of Original Application in O.A.No.7292 of 1998 to quash the letter of the second respondent in C.No.A3/1621/80000/98 dated 27.4.1998 so far as the applicant is concerned and direct the respondents to give accelerated promotion to the applicant as Head Constable with all service benefits, pursuant to the policy decision embodied in G.O.Ms.No.575 Home (Police III) Department dated 22.04.1997 viz. decision to give accelerated promotion to certain police personnel in appreciation of the courage and heroism displayed in Asaithambi encounter case on 31.07.1996. For Petitioner : Mr.S.Vadivelu For Respondents : Mr.S.Shivashanmugam Government Advocate O R D E R The Original Application in O.A.No.72923 of 1998 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition. 2.The petitioner entered the service on 15.07.1978 as Grade-II Police Constable in the Police Department. The second respondent, by his proceeding dated 16.01.1995, upgraded certain Grade-II Police Constables as Grade-I Police Constables and posted them to various places. The petitioner was one among the upgraded Grade-I Police Constable. The petitioner took an active part in the encounter with the notorious and dangerous https://hcservices.ecourts.gov.in/hcservices/ criminal Asaithambi and his gang on 31.07.1996. In fact, it was the petitioner, who drove the police vehicle and dashed against the vehicle driven by the criminal Asaithambi and as a result, facilitated the shooting of a notorious and dangerous criminal Asaithambi. 3.In view of the high risk involved in the encounter, the Government took a policy decision accepting the recommendation of the Director General of Police, the first respondent herein, and the Board for promotion and gave accelerated promotion to 8 persons, in G.O.Ms.No.575 Home (Police-III) Department, dated 22.04.1997. The petitioner's name is found serial number 4 in the said Government Order. It is shown that he was a constable and he was granted accelerated promotion to Grade-I Police Constable. When, the petitioner was already working as Grade-I Police Constable from 16.01.1995, the Government Order Proceeded as if he was working as Grade-II Constable. Hence, the petitioner made a representation dated 21.01.1998/4.2.1998 to the Director General of Police, the first respondent herein, requesting to grant promotion as Head Constable pursuant to the G.O.Ms.No.575 Home (Police-III) Department, dated 22.04.1997. But the said request was rejected by the impugned letter dated 27.04.1998 of the second respondent. 4.Thus, the petitioner filed Original Application in O.A.No.7292 of 1998 (W.P.No.35784 of 2006) to quash the aforesaid letter dated 27.04.1998 and for a consequential direction to the respondents to give accelerated promotion to him as Head Constable with all service benefits pursuant to the policy decision embodied in G.O.Ms.No.575, Home (Police-III) Department, dated 22.04.1997. 5.Heard Mr.S.Vadivelu, learned counsel for the petitioner and Mr.S.Shivashanmugam, learned Government Advocate for the respondents. The learned Government Advocate made his submissions based on oral instructions, though no counter affidavit was filed. 6.The proceeding dated 16.01.1995 of the second respondent, which is enclosed at page No. 8 of the typed set makes it very clear that the petitioner was upgraded as Grade-I Police Constable. In the said proceedings, 167 Grade-II Police Constables were upgraded as Grade-I Police Constables and the petitioner's name is found at Serial No.77. Hence, the learned counsel for the petitioner is correct in his submissions that while granting accelerated promotion in G.O.Ms.No.575, Home (Police-III) Department, dated 22.04.1997, it was proceeded erroneously as if the petitioner was only a Grade-II Police Constable and thus granted him promotion as Grade-I Police Constable. As already stated above, he was holding the post of Grade-I Police Constable from 16.01.1995, that is, when the G.O.Ms.No.575, Home (Police-III) Department, dated 22.04.1997, was issued, he was already holding the post of Grade-I Police https://hcservices.ecourts.gov.in/hcservices/ Constable. There is apparently an error in the impugned order. 7.As rightly contended by the learned counsel for the petitioner, the error was pointed out, he sought to rectify the error and to promote him as Head Constable. However, It was erroneously proceeded in the impugned letter dated 27.04.1998, that the petitioner was seeking regular promotion to the post of Head Constable, while he was seeking accelerated promotion pursuant to G.O.Ms.No.575. In the impugned letter, there is no reference to G.O.Ms.No.575. Hence the impugned letter was passed without applying his mind. Therefore, the impugned letter is liable to be quashed and accordingly, the same is quashed. The respondents are directed to promote the petitioner as Head Constable within a period of eight weeks from the date of receipt of a copy of this order with all benefits pursuant to G.O.Ms.No.575, Home (Police-III) Department, dated 22.04.1997, from the date on which others were granted accelerated promotion in the Government Order. 8.The writ petition is allowed on the above terms. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar vsm To 1.The Director General of Police, Admiralty House, Government Estate, Anna Salai, Chennai – 600 002. 2.The District Superintendent of Police, District Police Office, St. Thomas Mount, Chennai – 600 016. + 1 cc to Mr.S.Vadivelu,Advocate,SR.5042 + 1 cc to Government Pleader,SR.5692 W.P.No.35784 of 2006 RB(CO) EM/9.2.10 https://hcservices.ecourts.gov.in/hcservices/