IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:30.10.2009 CORAM THE HONOURABLE MR. JUSTICE K.VENKATARAMAN W.P. Nos.10290 & 12725 of 2009 and M.P.Nos.1,2,3 & 2,3 of 2009 W.P.No.10290 of 2009 M.Chandrasekaran, S/o. P.Muthusamy, Inspector of Police, Security Wing, Salem City. ... Petitioner. -vs.- 1.State of Tamil Nadu, Rep. By Secretary to Government, Home Department, Fort St. George, Chennai – 600 009. 2.The Director General of Police, Mylapore, Chennai – 600 004. ... Respondents. Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarifed Mandamus, calling for the records relating to the Order of the first respondent herein in G.O.Ms.No.1396, Home (Pol. 1A) Department, dated 03.10.2007 and quash the same and consequently direct the respondents herein to promote the petitioner to the post of Deputy Superintendent of Police. W.P.No.12725 of 2009 M.Chandrasekaran, S/o. P.Muthusamy, Inspector of Police, Security Wing, Salem City. ... Petitioner. https://hcservices.ecourts.gov.in/hcservices/ -vs.- 1.State of Tamil Nadu, Rep. By Secretary to Government, Home Department, Fort St. George, Chennai – 600 009. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai – 600 004. 3.D.Sankaran, 4.M.Balasubramanian 5.V.Mandiramurthy ... Respondents. Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarifed Mandamus, calling for the records relating to the Order of the first respondent herein in GO (Ms.) No. 504 Home (Police 2) Department dated 29th of June 2009 and quash the same in so far as respondents 3 to 5 are concerned and consequently direct the respondents herein to promote the petitioner to the post of Deputy Superintendent of Police prior to the promotion of respondents 3 to 5 a by implementing the seniority list of the year 1997-1998 panel in which the petitioners seniority has been fixed as 110(a). For petitioner : Mr. R. Krishnamurthy, Senior Counsel for M/s. Vedavalli Kumar. For Respondents : Mr. P.S.Raman, Advocate General Asst. by Mrs.Pushpa Menon for R1 and R2 (in both WP's) Mr. R. Muthukumarasamy, Senior Counsel for Mr. A.Jeenasenan, for R3. in W.P.No.12725 of 2009 R4 & R5 – No Appearance https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E R W.P.No.10290 of 2009 was filed challenging the order of the Government made in G.O.Ms.No.1396, Home (Pol. 1A) Department dated 03.10.2007 and consequently, to direct the respondents to promote him to the post of Deputy Superintendent of Police. 2. W.P.No.12725 of 2009 was laid by the same petitioner challenging the order of the first respondent made in G.O.Ms.No.504 Home (Police 2) Department dated 29.6.2009, the promotion list so far as the respondents 3 to 5 are concerned and consequently, direct the respondents herein to promote him to the post of Deputy Superintendent of Police prior to the promotion of respondents 3 to 5 by implementing the seniority list of the year 1997-1998 panel in which the petitioners seniority has been fixed as 110(a) and for further orders. 3. The facts leading to the filing of the writ petition is set out here under:- 3.1. The petitioner was recruited as direct recruit to the post of the Sub Inspector of Police in the year 1996 and presently working as Inspector of Police. When he was working at Coimbatore City as Sub Inspector of Police, he took active part in the combing operation to find out the hidden bombs and to nab the Al Umma Terrorists, in view of the bomb blast incident at Coimbatore. He was grievously injured in the said incident and awarded Chief Minister's Anna Gallantry Medal in 1998. He was given promotion on and from 1.9.1998. The Government passed G.O.Ms.No.928 Home (Police-III) Department, dated 1.07.1999 and accorded promotion to him from the post of Sub Inspector of Police to Inspector of Police on regular basis relaxing the relevant rules under Rule 39 of Tamilnadu Police subordinate service special rules. He had also completed probation on 30.11.2000. 3.2. Thereafter, by the proceedings of the Director General of Police, Chennai dated 07.03.2001, he was included in the 'C' list of Sub-Inspectors fit for promotion as Inspector of Police for the year 1997-98 assigning him Sl.No.110(A), with further direction that the seniority of the Inspector of Police shall be modified accordingly. 3.3. He was given selection grade pay by an order of the Commissioner of Police, Salem city, dated 14.10.2008. He is eligible and due for promotion to the rank of DSP. His name finds a place in such panel, but however, he came to know that against his name in the panel list it has been noted as "not been recommended on account of G.O.Ms.No.1396 dated 03.10.2007". He was shocked since he was due for promotion for the post of Deputy Superintendent of Police. He https://hcservices.ecourts.gov.in/hcservices/ therefore made a representation to the second respondent on 15.02.2009 and to the first respondent on 26.05.2009. Till date they have not sent any reply. 3.4. Hence, the petitioner has come up with the above writ petitions for the relief set out earlier. 4. I have heard Mr. R.Krishnamurthy, the learned Senior Counsel appearing for the Petitioner and Mr. P.S.Raman, the learned Advocate General appearing for the respondents 1 and 2 and Mr. R.Muthukumarasamy, the learned Senior Counsel appearing for respondent 3. 4.1. The undisputed facts are :- (1) The petitioner was recruited as a Direct recruit to the Sub Inspector cadre in the year 1996. (2) While he was working as Sub Inspector of Police, Coimbatore in the year 1998, he had been employed along with a few officers in combing and storming operation of Al Umma terrorists and took active part in the combing operation. (3) The petitioner was recommended by the Commissioner of Police and the Director General of Police for promotion. (4) By virtue of G.O.Ms.No.928 Home (Police-III) Department, dated 1.07.1999, he was accorded promotion as Inspector of Police. (5) On 07.03.2001, his seniority was fixed as Serial No.110 A. (6) During March / April 2009 seniority list was prepared by the second respondent, including the name of the petitioner for the post of the Deputy Superintendent of Police. (7) However, his name was with held by quoting Para 3(iii) of G.O.Ms.No.1396 dated 03.10.2007. (8) The petitioner sent representation to the Government, and till date no reply is received from the Government. 4.2. However, the question that arises for consideration is whether the petitioner in view of the promotion granted to him from the post of Sub Inspector of Police to Inspector of Police is entitled for further promotion or his case covers G.O.Ms.No.1396 dated 03.10.2007. https://hcservices.ecourts.gov.in/hcservices/ 4.3. The petitioner was accorded promotion by virtue of G.O.Ms.No.928 Home (Police-III) Department, dated 1.07.1999. The translated version of the said G.O. is extracted here under:- JkpH; ehL muR bghJg;gzp ? fhty;Jiw ? jpU/vk;/re;jpunrfud;. fhty;Jiw cjptp Ma;thsh; nfhit Fz;L bto;g;g [r;rk;gtj;jp;d;nghJ jPur;bray; g[hp;ejikf;fhf fhty;Jiw Ma;thsuhfj; Jhpjgjtp cah;t[ ? Miz bts[paplg;gLfpwJ. ????????????????????????????????????????????????????????????????????????????????????????????? cs; (fhty; ?3) Jiw muR Miz (epiy) vz;/928 ehs; 01/07/99 ?????? ghh;it ? fhty;Jiw jiyik ,af;Feh;. brd;id mth;fspd; foj vz;/vd;/Ip/gp/8(2)-106175-99 ehs; 03/06/99/ Miz nfhit khefhpy; 14/2/98?y; eilbgw;w Fz;Lbtog;g[r; rk;gt';fisj; bjhlh;e;J 15/2/98 md;W fhty;Jiwapdh; nkw;bfhz;l jPtputhjpfisj;njLk; gzpapy; cjtp Ma;thsh; jpU/vk;/re;jpunrfud; nfhit jpUkhy;tPjpapy; cs;s ghg[yhy; fl;olj;jpd; khoapy; rpy jPtputhjpfs; xU g{l;oa miwapy; gJ';fp ,Ug;gij mwpe;J me;j miwapd; fjit cilj;J cs;ns g[Fe;jbghGJ jPtputhjpfspy; xUtuhy; vwpag;gl;l btoFz;L jk;kPJk;. jk;Kld; cs;s fhty;Jiwapdhpd;kPJk; glhjthW rknahrpjkhf me;j miwapd; fjit K:oajhy; vwpag;gl;l btoFz;L cs;nsna btoj;jjpy; 6 jPtputhjpfs; ,we;jdh;/ cjtp Ma;thsh; jpU/vk;/re;jpunrfud; ,e;j jPur;braYf;fhf mtUf;Ff;fhty;Jiw Ma;thsuhf Jhpj gjtp cah;t[ tH';fg;gLk; vd;W khz;g[kpF Kjyikr;rh; mth;fs; 10/05/1999 md;W 1999?2000?k; Mz;Lf;fhd fhty;Jiw khdpaf;nfhhpf;if Fwpj;J tpthjj;jpw;Fg;gjpy; msp;f;ifapy; mwptpj;jhh;fs;. 2/ nkw;go mwptpg;gpidbahl;o. fhty;Jiwj;jiyik ,af;Feh; fUj;JU xd;iw muRf;Fr;rkh;g;gpj;Js;shh;/ jpU/vk;/re;jpunrfud;. 1996?Mk; Mz;L cjtp Ma;thsuhf neuo epakdk; bra;agl;L 31/8/98 md;W jFjpfhd; gUtj;jpid Koj;Js;shh;/ vdnt. jFjpfhz;gUtk; Koj;j kWehspypUe;J. MjhtJ 1/9/98 Kjy; chpa tpjpfisj;jfh;t[ bra;J ,tUf;F fhty;Jiw Ma;thsuhf Jhpj gjtp cah;t[ tH';fyhk; vd;W fhty;Jiw jiyik ,af;Feh; ghpe;Jiw bra;Js;shh;. 3/ fhty;Jiw jiyik ,af;Fehpd; ghpe;Jiuia Vw;W. cjtp Ma;thsh; jpU/vk;/re;jpunrfuDf;F. nfhit Fz;L btog;g[r; rk;gtj;jpd;nghJ fhl;oa jPur;braYf;fhf mth; cjtp Ma;thsh; gjtpapy; jFjpfhz;gUtk; Koj;j kWehspypUe;J. MjhtJ 1/9/98 Kw;gfy; Kjy; fhty; Ma;thsuhf Jhpj gjtp cah;t[ tH';fp muR MizapLfpwJ/ 4/ jkpH;ehL fhty; rhh;epiyr; rpwg;g[ tpjpfspy; tpjp vz;/39?y; mspf;fg;gl;l mjpfhu tuk;gpd;go. tpjp/vz;/3(gp) (ii) kw;Wk; tpjp vz;/3(,) Mfpatw;iw cjtp Ma;thsh; jpU/vk;/ re;jpunrfud fhty; Ma;thsuhfj; Jhpj gjtp cah;t[ bgWk;bghUl;L jsh;t[bra;J Mseh; MizapLfpwhh;. https://hcservices.ecourts.gov.in/hcservices/ 5/fhty; cjtp Ma;thsh; jpU/vk;/ re;jpunrfud;. nkw;go Jhpj gjtp cah;t[ Mizbahl;o vd;iwa jpdk; fhty; Ma;thsuhfg; gzpapy; nrh;fpd;whnuh md;iwa jpdj;jpypUe;Jjhd; gzk; rhh;e;j gad;fisg;bgw jFjp[ailath; Mthh;. (MSehpd; Mizg;go) ,uh/g{h;zyp';fk;. muR brayhsh;/ bgWeh; fhty;Jiw jiyik ,af;Feh;. brd;id?4. jpU/vk;/re;jpunrfud;. cjtp Ma;thsh;. fhty;Jiw jiyik ,af;Feh;. brd;id?4. Kykhf/ efy;: Kjyikr;rhpd; mYtyfk;. brd;id ? 9/ gzpahsh; kw;Wk; epUthf rPh;jpUj;j Jiw. brd;id ? 9/ cs;(bghJ) Jiw. brd;id ? 9/ c/nfh -Mizg;go mDg;gg;gLfpwJ- 4.4. The said G.O clearly states that he was accorded promotion for his acts of bravery and vital role at the risk of his life in combing and storming operation of the Al Umma terrorists and saved the life of several police personnel and public. The G.O further reads that he was accorded promotion on regular basis by relaxing all relevant rules. 5. Thereafter, by proceedings dated 07.03.2001 of the Director General of Police, it was ordered that the petitioner's name be included in the 'C' list of Sub Inspector of Police fit for promotion as Inspector of Police drawn for the year 1997-98 assigning him the serial no.110 A. The said proceedings is usefully extracted here under:- Proceedings of The Director General of Police, Chennai – 4. Present : Thiru. Dr.R.Rajagopalan, IPS., C.No.154372/NGB I(2)/99. Dated : 7.3.2001 Short Title : TNPSS – Acceleration promotion on regular basis in relaxation of rules promotion of Tr.M. Chandrasekaran, Sub-Inspector of Police, as Inspector Fixation of his seniority in the rank of Inspector – Orders – Issued. https://hcservices.ecourts.gov.in/hcservices/ Read : 1. G.O.928 Home(Pol.III) Department. dt.1.7.99 2. Chief Office memo No.777/NGB V(1)/99 dt.10.7.99 3. Chief Office Note in C.No.666/V(1)/2000, dt.5.7.2000. ----- ORDER: In the Government order read above the Government have issued orders relaxing the rule 3(b) (ii) (a) and 3(e) of Special Rules for TNPSS in favour of Tr.M. Chandrasekaran, Sub-Inspector of Police, for accelerated promotion as Inspector of Police with effect from 1.9.98. He belongs to direct recruit Sub-Inspector of Police of 1996 batch. 2. Accordingly promotion as Inspector was ordered in the reference second cited. At the time of his promotion the 'C' list of Sub-Inspector of Police, fit for promotion as Inspector for the year 1997-98 was current. As per Chief Office Orders No.104719/NGB V(1)/98, Sl.No.1 to 382 were ordered to be promoted as Inspector of Police on different dates according to vacancies available then. Tr. P. Loganathan, Sub-Inspector of Police, S.No.110 was brought on to 'B' list dt.4.6.98 as Inspector, and Thiru. M.Balasubramanian, Sl.No.111 was brought on to 'B' list on 4.9.98. As Government have ordered that promotion of Thiru. M.Chandrasekaran, as Inspector takes effect from 1.9.98, he is to be placed next to Tr. P. Loganathan, and above Tr.M. Balasubramanian. 3. Hence, it is hereby ordered that Tr. M. Chandrasekaran be included in the 'C' list of Sub-Inspectors of Police, fit for promotion as Inspectors drawn for the year 97-98 assigning him Sl.No.110(A). The State seniority of the Inspectors of Police shall be modified accordingly. All unit officers are therefore requested to make necessary entries in the seniority register being maintained in their office. sd./- R. Rajagopalan, Director General of Police. " 6. While so, can the name of the petitioner could be with held for further promotion as Deputy Superintendent of Police in view of G.O.Ms.No.1396 dated 03.10.2007. When a batch of writ petitions was filed by STF men who have been accorded promotion for eliminating the forest brigand Veerappan, I have held that the said G.O is valid and that the petitioners there on are not entitled for any https://hcservices.ecourts.gov.in/hcservices/ consequential seniority. However, the case of the petitioner here in stands in entirely different footing. The reason being, (1) The petitioners individual acts of bravery was considered by the Government while according promotion to him in G.O.Ms.No.928 Home (Police-III) Department, dated 1.07.1999. The role of the petitioner in the said incident as cited by the Director General of Police is set out here under:- " Thiru. Chandrasekaran, S.I. Of Police, B1 (L & O) P.S., broke open the door of a room in the terrace of Babulal building in Thirumal Street, Coimbatore City, while the Police team was conducting operations in search of muslim fundamentalists and explosives. On seeing this, one of such persons inside the room armed with bombs, threw a bomb on the Sub Inspector of Police. The S.I. Of Police, sensing gravity of the situation, closed the door instantaneously, resulting in the explosion of the bomb inside the room causing death of six muslim extremists. In this incident the Sub-Inspector sustained injury and his bravery and swift action in handling the situation may be rewarded by awarding accelerated promotion. The Sub Inspector's action on the said incident not only saved the lives of Police Personnel but also resulted in securing muslim fundamentalists who are responsible for the bomb blast incident in Coimbatore City on 14-2-98. Only this incident opened up the serial bomb blasts case which appeared blind to start with." The above narration will disclose that the petitioner did in fact deserves consideration in the hands of the Government and considered as such. (2) Rules were relaxed for according such promotion. (3) The promotion was granted as per Rule 39 and 3(b) (ii) (a) and 3(e) of Tamil Nadu Police Subordinate Service Special Rules, 1953. (4) Supernumerary post was not created for according such promotion but promoted to the regular vacancy. (5) Thereafter on 07.03.2001, the petitioner's seniority was fixed as Serial No.110(a) with effect from 01.09.1998 below to one Loganathan (110) and above to Balasubramani (111) and it is maintained till date. 7. When the petitioner was elevated to the post of the Inspector of Police from the post of Sub Inspector of Police, https://hcservices.ecourts.gov.in/hcservices/ considering his act of bravery and such promotion was accorded through G.O dated 1.07.1999, relaxing the relevant rules and for the regular post without creating supernumerary posts, when his seniority was fixed on 07.03.2001 placing him in Serial No.110 A and the same was reaffirmed by the proceedings of the Director General of Police dated 25.10.2005, there is no rhyme or reason to refuse further promotion to him as DSP. His case cannot be compared with the other promotions granted to STF men who were accorded accelerated promotion for wiping out the forest brigand Veerappan, since in those cases individual acts of bravery of each and every individual who got such accelerated promotion was not considered by the Director General of Police, when he sent their names recommending such accelerated promotion and also the accelerated promotion board has not considered their individual bravery, when recommending their names to the Government for granting accelerated promotion. Further, supernumerary posts were created for granting them accelerated promotion. But, in the case on hand, as stated already petitioner's act of bravery was considered isolatedly and he had been accorded promotion relaxing Rules and also for the regular post. His seniority was also fixed as early as 07.03.2001 and re-affirmed on 25.10.2005. The files produced before me was perused by me. It reveals that the Collector had also appreciated the act of bravery of the petitioner in that incident and recommended for accelerated promotion. 8. In view of the above stated position, I am inclined to hold that the petitioner is justified in his claim that he shall be elevated to the post of Deputy Superintendent of Police, which has to be considered within six weeks from the date of receipt of a copy of this order. 9. In fine the writ petitions stand allowed. Consequently, connected miscellaneous petitions are closed. No Costs. pgp Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To 1.The Secretary to Government, State of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2.The Director General of Police, Mylapore, Chennai – 600 004. + 1 CC to the Government Pleader SR.54791 + 1 cc to Mr.A. Jenasenan, Advocate SR.57721 + 2 ccs to Mrs. Vedavalli Kumar, Advocate SR.57626 & 57627 W.P.Nos.10290 & 12725 of 2009 NG(CO) EU 18.11.2009. https://hcservices.ecourts.gov.in/hcservices/