1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11/8/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)Nos.9018 to 9030 of 2011 V.Uzhagandhan ...Petitioner in WP(MD)No. 9018 of 2011 T. Vijayaraj ...Petitioner in WP(MD)No. 9019 of 2011 I. Rajendran ...Petitioner in WP(MD)No. 9020 of 2011 R. Thangaraj ...Petitioner in WP(MD)No. 9021 of 2011 V.S. Sakthivel ...Petitioner in WP(MD)No. 9022 of 2011 K. Sethuraman ...Petitioner in WP(MD)No. 9023 of 2011 P. Ashokan ...Petitioner in WP(MD)No. 9024 of 2011 P. Nagarajan ...Petitioner in WP(MD)No. 9025 of 2011 K. Vasu ...Petitioner in WP(MD)No. 9026 of 2011 K. Dhanushkodi ...Petitioner in WP(MD)No. 9027 of 2011 M. Aandi ...Petitioner in WP(MD)No. 9028 of 2011 S. Indrasekaran ...Petitioner in WP(MD)No. 9029 of 2011 S. Natarajan ...Petitioner in WP(MD)No. 9030 of 2011 Vs 1. The Government of Tamil Nadu rep. By its Secretary to Home Department 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 Ramanathapuram Range, Ramanathapuram District. 4. The Superintendent of Police Ramanathapuram Police Office Ramanathapuram District. ...Respondents in all the Petitions Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order passed by the fourth https://hcservices.ecourts.gov.in/hcservices/ 2 respondent in C.No.A1/4772/2010-1,D.O.No.1019/2010 dated 25/8/2010 and quash the same and consequently, direct the respondent Nos.3 and 4 to fix the seniority and give the monetary benefits and promotion to the petitioners for the post of Sub-Inspector of Police. For petitioners ... Mr.A.Rajaram For respondents ... Mr.T.S.Mohammed Mohideen,AGP COMMON ORDER Challenge, in these writ petitions is to an order dated 25/8/2010, passed by the Superintendent of Police, Ramanathapuram, fourth respondent, in all these writ petitions, by which upgradation has been given to the petitioners as Special Sub-Inspectors of Police from the dates noted against column No.4 of the order. In the said order, the petitioners are made eligible for monetary benefits in the scale of pay attached to the post of Sub-Inspectors of Police i.e., 9300-34800-GP-4300 on the same date i.e., the date from which they are eligible for upgradation as Special Sub- Inspector of Police (local). 2. The details of the appointment of the petitioners in Police Department and further upgradation as Special Sub-Inspectors of Police are given hereunder:- S.NO Name of the petitioner Writ Petition No. Date of entry into police force Promoted as Head Constable on 1 V.Uzhaganadhan 9018/2011 11/11/81 25/7/2000 2 T. Vijayaraj 9019/2011 11/11/81 25/7/2000 3 I.Rajendran 9020/2011 13/09/1982 25/7/2000 4 R. Thangaraj 9021/2011 15/12/1982 25/7/2000 5 V.S.Sakathivel 9022/2011 19/12/1982 25/7/2000 6 K.Sethuraman 9023/2011 8/6/82 25/7/2000 7 P.Ashokan 9024/2011 11/1/82 25/7/2000 8 P.Nagarajan 9025/2011 28/11/1982 25/7/2000 9 K.Vasu 9026/2011 14/01/1982 25/7/2000 10 K.Dhanushkodi 9027/2011 11/1/82 25/7/2000 11 M.Aandi 9028/2011 28/07/1982 25/7/2000 12 S.Indrasekaran 9029/2011 7/6/82 25/7/2000 13 S.Natarajan 9030/2011 28/7/1982 25/7/2000 3. The core contention of the learned counsel for the writ petitioners in all the writ petitions is that fixation of seniority in the post of Special Sub-Inspector of Police is wholly erroneous and in accordance with G.O.Ms.No.844 Home (Police V) Department dated 3/6/1997 and G.O.Ms.No.15 Home (Pol.V) Department dated 7/1/2010, which clearly states that upgradation upto the Special Sub-Inspector of Police has to be given taking into consideration the length of service prescribed at each level i.e., from https://hcservices.ecourts.gov.in/hcservices/ 3 (i). Grade II Police Constable to Grade I Police Constable (ii). Grade I Police Constable to Head Constable and (iii). Head Constable to Special Sub-Inspector of Police. 4. It is the further case of the petitioners that had the respondent followed the Government Order in G.O.Ms.No.844 Home (Police – V) Department dated 3/6/1997 and G.O.Ms.No.15 Home (Police V) Department dated 7/5/2010 in proper perspective, the petitioners would have gained promotion to higher post i.e., upto the level of Inspector of Police. Reliance has also placed on the decisions of this Court made in W.A.No.500 of 2008 dated 20/7/2010. It is further submitted that, the impugned order, is in violation of G.O.Ms.No.844 Home (Police – V) Department dated 3/6/1997 where upradation is a routine feature. Except the above, no other grounds have been urged. 5. Mr.T.S.Mohammed Mohideen, Additional Government Pleader who took notice at the time of admission, submitted that the date of entry of the petitioners and the length of service required for upgradation to different levels, has been properly taken into consideration for upgradation to the level of Special Sub-Inspector of Police, as per G.O.Ms.No.844 Home (Police V) Department dated 3/6/1997 and G.O.Ms.No.15 Home (Police V) Department dated 7/1/2010 and that there is no deviation. 6. In addition to the above, the learned counsel for the State explained to this Court chronologically as to how upgradation orders were issued, taking into consideration the stagnation in the Police Department. In support of his above contention, he took this Court through various Government Orders and the instructions issued from time to time by the Government. 7. A perusal of the Government Orders and the instructions, enclosed in the typed set of papers, filed by the respondents shows that in the year 1992, the Director General of Police, Tamil Nadu, in his letter dated 4/9/1992 addressed to the Government has suggested upgradation of 17,000 posts of Grade II Police Constables as Grade I Police Constables, 1770 Grade I constables as Head Constables. In support of his proposal for upgradation, the Director General of Police, Chennai has given the following reasons. a. Existing strength of Police Constables – Grade II Police Constable – Grade I and Head Constables is about 47,000, 6,700 and 6,700 (as on 4/9/1992 i.e., the date on which the proposal was sent to the Government) b. The extent of stagnation amount of Grade II Police Constable was on the high side and some of them had not been elevated even once after a period of 15 years of service. c. It was also stated that 80% of the constabulary had to retire without even a single promotion. d. Hence the DGP submitted the proposal suggesting the upgradation of 17,000 posts of Grade II Police Constables as Grade I Police Constables and 1,770 posts of Grade I Police Constables as Head Constables. https://hcservices.ecourts.gov.in/hcservices/ 4 (A) Stage I of the upgradation is upto the level of Head Constables. 8. The Government, considering the issue and to solve the problem of stagnation to certain extent and to motivate the Police personnel in the lower ranks, issued orders in G.O.Ms.No.1681 Home (Pol – V) Department dated 12/10/1992 upgrading 21,000 posts of Grade II Police Constable as Grade I Police Constables and 2,700 posts of Grade I Police Constables as Head Constables in a phased manner, stretched over a period of 5 years from 1992 – 1993 onwards as detailed below. YEAR DATE OF APPOINTMENT UPTO NO. OF POSTS OF POLICE CONSTABLE GRADE II TO BE UPGRADED AS POLICE CONSTABLE GRADE I NO. OF POSTS OF POLICE CONSTABLE GRADE I TO BE UPGRADED AS HEAD CONSTABLE. 1992 – 1993 31/12/1975 9000 500 1993 – 1994 31/1/1978 4000 700 1994 – 1995 31/12/1980 4000 700 1995 – 1996 31/8/1984 4000 800 TOTAL 21000 2700 9. Thus, by way of G.O.Ms.No.1681 Home (Pol-V) Department dated 12/10/1992, upgradation of 21,000 Grade II Police Constables to Grade I Police Constables and 2,700 Grade I Police Constables as Head Constables, has been implemented in four phases in the years 1992 - 93, 1993 - 94, 1994 - 95 and 1995 - 96. B. Stage - II Thereafter, after 1995 - 96, the Government have issued orders in G.O.Ms.No.844 Home (Pol-V) Department dated 3/6/1997 which states a. The upgradation of Gr.II Pcs as Gr I Pcs on completion of 10 years of service and GR.I Police Constables as Head Constables on completion of 15 years of service (including 5 years of service as GR.I Pcs) was announced by Hon'ble Chief Minister of Tamil Nadu on 25/4/1997 on the floor of Tamil Nadu Legislative Assembly while passing Police Budget Bill. b. The Hon'ble Chief Minister of Tamil Nadu specifically mentioned that the above upgradation was ordered to motivate and encourage the police personnel and to perform duties in a better way. c. Accordingly, it was ordered to upgrade 15,924 Gr.I Pcs as Head Constables (on completion of 15 years of total service including 5 years service as Gr I Pcs) and 10,106 Gr II Pcs as Gr I Pcs on completion of 10 years service and waiting without any promotion. 10. Subsequently, upgradation of GR II Pcs as Gr I Pcs on completion of 10 years of service and GR I Pcs, as Hcs on completion of 15 years of service including 5 years of service as GR I Pcs have been ordered periodically. https://hcservices.ecourts.gov.in/hcservices/ 5 Stage III 11. Pursuant to the announcement of the Honourable Chief Minister of Tamil Nadu in the Legislative Assembly on 25/4/1997 during Police budget bill for the year 1988 – 99, orders have been issued in G.O.Ms.No.937 Home (Pol-III) Department dated 21/7/1998. G.O., states that upgradation shall be granted to the post of Special Sub-Inspector of Police, on completion of a total service of 25 years in Police Department with 10 years of service as Head Constable provided that a. they should not have suffered any punishment within five years prior to upgradation b. that no disciplinary proceeding or criminal case should be pending c. While preparing the selection list, the guidelines contained in G.O.Ms.No.368 Personnel and Administrative Reforms Department dated 18/10/1993 should be considered. 12. A perusal of G.O.Ms.No.937 Home (Pol-3) Department dated 21/7/1998 also shows that upgradation on the above said grounds, has been made as a one time measure for the year 1998. At paragraph No.5 of the said G.O., it has been made clear that 10 years of service as Head Constable is mandatory. For the purpose of clarification, this Court deems it fit to extract paragraph Nos.3 to 5 of G.O.Ms.No.937 Home (Pol-3) Department dated 21/7/1998. 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Material on record discloses that subsequently, that the Government have also issued orders in G.O.Ms.No.1247 Home (Police.V) Department dated 28/10/2004 upgrading Grade II Police Constables as Grade I Police Constables and Grade II Police Constables as Head Constables and at paragraph No.2 of G.O.Ms.No.1247 Home (Police.V) Department dated 28/10/2004, the requirements for upgradation stated, are extracted hereunder:- "2. In the letter fourth read above, the Director General of Police has stated that Government ordered for the upgradation of 21,000 Grade II Police Constables who have studied upto VIII Standard or III form as Grade I Police Constables in a four phased manner from 1992 – 93 to 1995 – 96 in the Government order first read above as detailed below:- YEAR DATE OF APPOINTMENT NO. OF GRADE II POLICE CONSTABLES UPGRADED AS GRADE I POLICE CONSTABLES 1992 – 93 31/12/75 9000 1993 – 94 31/1/78 4000 1994 – 95 31/12/80 4000 1995 – 96 31/8/84 4000 Total 21000 In the above Government order, cut off date for consideration for upgradation was not fixed. For upgradation of 4000 Grade – II Police Constables for the year 1995 – 1996 under IV phase, as only 3421 https://hcservices.ecourts.gov.in/hcservices/ 7 eligible Grade II Police Constables appointed upto 31/12/83 were available, the cut off date had further been extended upto 31/8/1984 to utilise the balance posts of 579 (i.e 4000 – 3421). While extending cut off date, 1519 Grade II Police Constables were found eligible. Out of this 1519 Grade II Police Constables, only 579 persons were allotted to all the Unit Officers to fill up the shortage of 579 Grade I posts for the year 95 – 96 under phase IV. The 579 Grade II Police Constables who were upgraded as Grade I Police Constables on 25/7/95 were upgraded as Head Constables on 25/7/2000 on completion of 5 years of service as Grade I Police Constables from 25/7/95. The remaining others (i.e 1519 minus 579 = 940) have not been considered for upgradation as Grade I Police Constables for the year 1995 – 96 for want of posts and they were upgraded as Grade I Police Constables in July 1997. Hence Director General of Police has requested to issue orders for enhancing the ceiling of 4000 for the year 95 – 96 under phase IV as 4940 and promote all these 940 Grade II Police Constables on par with their batchmates with effect from 25/7/95." Stage - V 14. G.O.Ms.No.15 Home (Pol.v) Department dated 7/1/2010 is a consolidated instructions issued by the Government for upgradation of Police Personnel serving at various levels. 15. While issuing the above said order, the Government have considered the suggestion of the Director General of Police, Chennai which are as follows:- (i). Grade II Police Constables who have not been promoted as Grade – I Police Constables for want of vacancies, may be upgraded as Grade – I Police Constables by the Superintendent of Police/Commissioners of Police concerned on completion of 10 years of qualifying service (in the post of Grade – II Police Constable) from the first of the month succeeding the date of completion of 10 years. (ii). Grade – I Police Constables who have not been promoted as Head Constables for want of vacancies may be upgraded as Head Constables by the Superintendent of Police/Commissioner of Police concerned on completion of 5 years of qualifying service (in the post of Grade I Police Constable) from the 1st of the month succeeding the date of completion of 5 years. (iii). The constables who have completed 25 years of service, out of which 10 years of service have been completed as Head Constables are not able to get regular promotion as Sub-Inspector of Police https://hcservices.ecourts.gov.in/hcservices/ 8 may be given upgradation as Special Sub-Inspector of Police from the 1st of the month succeeding the date of completion of 25 years of service by the respective Deputy Inspector General of Police/Commissioners of Police. (iv) to consider all these upgradations, the unit officers concerned should strictly observe the guidelines issued by the Government in G.O.Ms.No.368 Personnel and Administrative Reforms (S) Department dated 18/10/1993 and subsequent amendment issued from time to time without any deviation." 16. After considering the suggestion of the Tamil Nadu Police Commission and the Director General of Police, Tamil Nadu the Government have issued the following orders. "5. The Government after careful examination have decided to accept the proposal of the Director General of Police. Accordingly, the Government delegate the a. Powers to the Superintendent of Police/Commissioner of Police (i). to upgrade Grade II Police Constables who have not been promoted as Grade – I Police Constables for want of vacancies, as Grade -I Police Constables on completion of 10 years of service in the post of Grade II Police Constable from the first of the month succeeding the date of completion of 10 yers. (ii). To upgrade Grade – I Police Constables who have not been promoted as Head Constables for want of vacancies, as Head Constables on completion of 5 years of service in the post of Grade – I Police Constables from the first of the month succeeding the date of completion of 5 years. (b). Powers to the Deputy Inspectors General of Police Commissioners of Police to upgrade the police personnel who have completed 25 years of service, out of which 10 years of service have been completed as Head Constables and not able to get regular promotion as Sub-Inspector of Police from the first of the month succeeding the date of completion of 25 years of service. 6. The Government direct that conditions stipulated in G.O.(MS) No.937 Home (Police 3) Department dated 21/7/1998 and in G.O.(Ms) No.368 Personnel and Administrative Reforms (S) Department dated 18/10/1993 and subsequent amendments issued from time to time, shall be adhered to, while upgrading the https://hcservices.ecourts.gov.in/hcservices/ 9 rank of the Police personnel indicated in para 5 above." 17. Thus, the sequence of events from 1992, makes it clear that, for upgradation to various levels in the Police force i.e., from Grade II to Grade – I, Grade – I to Head Constable and from Head Constable to Special Sub-Inspector of Police, a specific period of service has been prescribed at each level i.e., on completion of 10 years of service from the date of enlistment as Grade II Police Constable to the level of Grade I, and on completion of five years of service in the post of Grade – I Constable to upgradation to Head Constable and on completion of total service of 25 years in Police Department, with 10 years of service as Head Constable, for upgradation to the post of Special Sub-Inspector of Police. It is the case of the respondents that all the petitioners have been given upgradation to various levels, in Police Department taking into consideration the length of service put in by them, at each level. 18. The Government orders and on instructions stated supra, makes it clear that upgradation can be granted only upto the level of Special Sub-Inspector of Police. A perusal of the impugned order dated 25/8/2010, shows that the petitioners have been upgraded as Special Sub-Inspectors of Police against the dates noted i.e., 1/8/2010. The Government orders and the instructions stated supra, would also make it clear that the right conferred on the petitioners, is only with regard to upgradation of their services, at various levels depending upon the length of service, required to be put in by the Police personnel. They do not confer any right on the petitioners to make any claim for promotion as regular Sub-Inspectors of Police and deals only with conferment of status as Special Sub-Inspector of Police with monetary benefits, in the scale of pay equivalent to that of regular Sub-Inspector of Police. The upgradation is to motivate the Police personnel in the lower ranks who had not been considered for promotion for a long number of years of service. The Division Bench judgment, relied on by the learned counsel appearing for the petitioners speaks about the non-consideration of the length of service of the Policemen, who had served in different units of the Police Department. In the above case, the grievance of the petitioners was that, they had worked in different units in the Police Department. The service rendered altogether, was not taken into consideration and in such circumstances, Rule 25 (b) considering of the Special Rules for Tamil Nadu Police Subordinate Service, directions have been issued to compute the entire length of service for the purpose of fixing seniority. There is absolutely no quarrel over the said judgment, but on the facts of this case, it is the considered view, that the said judgment would not lend any support for claiming promotion to the post of a regular Sub-Inspector of Police, which can be done only if the petitioners qualify themselves in the selection process conducted by the Board. Conferment of status as Special Sub- Inspector of Police to obviate stagnation in the lower ranks, cannot be construed to mean that the petitioners are promoted as regular Sub- Inspectors with their seniority. Many Head Constables who would not even qualified in the earlier selection process for regular Sub-Inspectors of Police, or secured the required cut off marks in the selection, by virtue of their length of service and concession extended by the Government, cannot seek for refixation of seniority in the post of regular Sub- Inspector of Police, who had competed and became successful in the selection conducted by the Board. That would be violative of Article 14 of https://hcservices.ecourts.gov.in/hcservices/ 10 the Constitution, treating unequals as equal. The concession given by the Government to remove the stagnation does not confer any right for seniority in the post of regular Sub-Inspector of Police. 19. Considering the facts and circumstances of the case, with reference to upgradation of posts upto the level of Special Sub-Inspector of Police granted by the Government in various orders stated supra and for the reasons, there is no manifest illegality in the impugned order warranting interference. 20. In the result, the writ petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. SD ASST REGISTRAR ( CRL SIDE ) /TRUE COPY/ SUB ASST REGISTRAR mvs. To 1. The Secretary to 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 Ramanathapuram Range, Ramanathapuram District. 4. The Superintendent of Police Ramanathapuram Police Office Ramanathapuram District 1CC TO THE SPL. GOVT PLEADER SR: 27433: DM:2011:AUGUST:17:: W.P.(MD) Nos.9018 to 9030 of 2011 11/8/2011 10P:6C:: https://hcservices.ecourts.gov.in/hcservices/