IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.01.2010 CORAM: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.33084 of 2006 in O.A.No.5957 of 1998 P.Gopalakrishnan ..Petitioner versus The Director General of Police, Admiralty House, Government Estate, Chennai 600 002. ..Respondent PRAYER: This writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.5957 of 1998 from the file of the Tamil Nadu Administrative Tribunal with a prayer to call for the records on the file of the respondent herein in connection with the order passed by him in Rc.297124/NGB.3/2/97 dated 18.03.1998 and quash the same and direct the respondent herein to promote the petitioner retrospectively under junior promotion category from the year 1976 and grant all consequential service and monetary benefits. For Petitioner : Mr.K.Venkataramani for Mr. M. Muthappan For Respondent : Mr.S.Shiva Shanmugam Government Advocate O R D E R The Original Application in O.A.No.5957 of 1998 before the Tamil Nadu Administrative Tribunal is the present writ petition. 2. The petitioner was recruited as Grade-II Police Constable on 12.12.1969. He failed in SSLC. His grievance is that he was not allowed to sit for the test under "Junior Promotion" Category to Grade-I Police Constable during 1976. He made a representation after twenty years in 1996 claiming that he should be promoted in the year 1976, as he was unjustly not allowed to sit for the junior promotion test, though he rendered four years of service as Grade-II Police Constable. He approached the Tamil Nadu Administrative https://hcservices.ecourts.gov.in/hcservices/ Tribunal by filing O.A.No.8262 of 1997 in this regard. The Tribunal passed an order dated 21.10.1997 directing the respondent to consider the representation and to pass an order thereon, in accordance with law. Accordingly, the respondent passed the impugned order dated 18.03.1998 rejecting the request of the petitioner. Thereafter, the petitioner filed O.A.No.5957 (W.P.No.33084 of 2006) to quash the aforesaid order dated 18.03.1998 of the respondent and consequently direct the respondent to promote the petitioner retrospectively under junior promotion category from the year 1976 with all consequential benefits. 3. The respondent filed a reply affidavit refuting the allegations. It is stated that the petitioner was not educationally qualified under junior promotion category during 1976. He completed SSLC only during 1986. Though he rendered four years of service as Grade-II Police Constable, he was not eligible to be considered under the junior promotion category, since he was not educationally qualified. It is stated that the rules provide for SSLC pass as educational qualification for Grade-II Police Constable to be considered for under junior promotion category to the post of Grade-I Police Constable. 4. Heard Mr.K.Venkataramani, learned counsel for the petitioner and Mr.S.Shiva Shanmugam, learned Government Advocate for the respondent. 5. According to the Adhoc Rules for Grade-I Police Constables, framed under G.O.Ms.No.1258, Home Department, dated 09.05.1973, qualification prescribed for promotion from Grade-II to Grade-I Police constable under junior promotion category is SSLC. Since, the petitioner is admittedly passed SSLC only in the year 1986, he was not eligible to be considered under the junior promotion category in 1976. Hence, there is no infirmity in the impugned order dated 18.03.1998. 6. In any event, the writ petition has to be dismissed, on the other ground as well, since the petitioner seeks to claim promotion to the post of Grade-I Police Constable after twenty years in 1996 by making a representation. The relief sought for by the petitioner is related to promotion that took place in 1976. Hence, there is an unexplained delay of about twenty two years. On this ground also, the writ petition deserves to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 7. For the aforesaid reasons, the writ petition fails and the same is dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rns To The Director General of Police, Admiralty House, Government Estate, Chennai 600 002. + 1 c.c. to Mr. T. Ayngaraprabhu, Advocate. S.R.No.3323. + 1 c.c. to The Government Pleader. S.R.No.3282. W.P.No.33084 of 2006 BK (CO) GSK 05.02.2010. https://hcservices.ecourts.gov.in/hcservices/