Dr.S.Velladurai v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:

CORAM:

THE HONOURABLE MR.JUSTICE R.KALAIMATHI WP.No.34433 of 2012 MP.No.2 of 20 Dr.S.Velladurai Petitioner Vs

1. The Government of Tamil Nadu represented by Principal Secretary to Government, Home (Police) Department Chennai-9

2. The Director General of Police, Chennai-4 Respondents Prayer:- This Writ Petition has been filed, under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the Letter No.35857/Pol.1A/2009-24, dated 08.12.2011 of the 1st Respondent and to quash the same and to direct the Respondents to promote him as Additional Superintendent of Police/ Additional Deputy Commissioner of Police with effect from 18.02.2005, by taking into consideration his performance of High Order and exceptional personal ability in achieving operational success at great risk to personal life with all consequential benefits. For Petitioner :

Mrs.S.Aisha Farveen For Respondents :

Mr.S.Rajesh, Government Advocate

ORDER

1. This Writ Petition is filed for issuance of Writ of Certiorarified Mandamus to call for the records relating to the Letter No.35857/Pol.1A/2009-24, dated 1/5

08.12.2011 of the 1st Respondent and to quash the same and to direct the Respondents to promote him as Additional Superintendent of Police/ Additional Deputy Commissioner of Police with effect from 18.02.2005.

2. This Court heard Mrs.S.Aisha Farveen, learned representing Counsel for the Petitioner and Mr.S.Rajesh, learned Government Advocate for the Respondents. Considered their submissions and also perused materials placed on record.

3. The Petitioner, who was serving as a Sub Inspector of Police, was awarded promotion to the post of Inspector of Police (Category-I) with effect from 30.10.2004, by an order dated 29.10.2004 in RC.220474/NGB.VII(2)/2004 of the Director General of Police, as he served in the Special Task Force involved in the encounter and killing of notorious Brigand Veerappan. It appears that subsequently, as per GO.Ms.No.1346, Home (Police VIII) Department, dated 6.12.2004, the Petitioner was given accelerated promotion as Deputy Superintendent of Police with effect from 18.02.2005 by an order dated 16.02.2005 in in RC.No.220474/NGB.VII(2)/2004.

4. The Petitioner earlier moved a Writ Petition in WP.No.8323 of 2009 before this Court for issuance of a Writ of Certiorarified Mandamus relating to the Letter (D) No.1174, dated 30.10.2008 and sought for a direction against the Respondents to promote him as Additional Superintendent of Police and by an order dated 28.03.2011, the impugned order therein was set aside and the 2/5

matter was remanded back for fresh consideration.

5. Granting of accelerated promotion is the absolute prerogative of the Government. As mentioned supra, in the case of nabbing of forest Brigand Veerappan, he was given accelerated promotion to the post of Inspector of Police with effect from 30.10.2004. Again, within four months, as per the GO.Ms.No.1346 dated 06.12.2004, he was given accelerated promotion to the post of Deputy Superintendent of Police with effect from 18.02.2005. Explaining these details, the impugned order came to be passed.

6. The claim of the Petitioner is to grant one more accelerated promotion for the encounter of Veeramani. For each and every encounter, one cannot demand for accelerated promotion and it is not possible and feasible. The Petitioner has absolutely no right to claim for the grant of accelerated promotion based on a particular encounter. Hence, I am of considered view that the impugned order does not suffer from any irregularity or perversity.

7. Based on the above said discussions, this Writ Petition is dismissed, as devoid of merits. No costs. Consequently, the connected MP is closed. Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To 3/5

1. The Government of Tamil Nadu represented by Principal Secretary to Government, Home (Police) Department Chennai-9

2. The Director General of Police, Chennai-4 4/5

R.KALAIMATHI, J.

Srcm WP.No.34433 of 2012 5/5