S.Vadivambiga v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.12269, 12273, 12277, 12285, 12286, 12292, 12299, 12301, 12304, 12307, 12311 of 2022 W.P.No.12269 of 2022:- S.Vadivambiga
...Petitioner
-Vs -
1. The Government of Tamil Nadu, Rep. by Secretary, Home (Police V) Department, Fort St. George, Chennai - 600 009.
2. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Commissioner of Police, Grater Chennai City Police, Chennai - 600 007.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to pass appropriate orders revising the date of promotion of the petitioner to the post of Head Constable by upgradation as 01.03.1986 and the date of
my promotion to the post of Sub Inspector of Police as 01.03.1996 and on that basis consequently include the petitioner's name in the appropriate place in the appropriate panel for promotion to the post of Inspector of Police and to notionally promote her as such with retrospective effect on par with Men Constables, and grant all consequential benefits to the petitioner, including revised retirement and pensionay benefits in the cadre of Inspector. In all W.Ps.
For Petitioner : Mr.M.Ravi For Respondents : Mr.P.Kumaresan Additional Advocate General Assisted by Mrs.R.L.Karthika Government Advocate.
COMMON ORDER These writ petitions have been filed for direction directing the respondents to revise the date of promotion of the petitioners in the post of Head Constable by upgradation as 01.03.1986 & 01.04.1986 respectively and the date of their promotion to the post of Sub Inspector of Police as 01.03.1996 & 01.04.1996 respectively and grant all consequential benefits to the petitioners, including revised retirement and pensionary benefits.
2.
All the writ petitions have been filed for the very same direction and all the petitioners have the very same grievance. Therefore, this Court is inclined to pass a common order. 3.
The petitioners were appointed as Police Constable Grade -I and later they were upgraded as Head Constable in the year 1994. Thereafter, they were promotion to the post of Sub Inspector of Police in the year 2004. The petitioners had aggrieved with regard to upgradation of Head Constable, which ought to have been granted on completion of five years of service as Grade-I Police Constable and as Sub Inspector of Police on completion of ten years of service as Head Constable and further promotion as Inspector of Police. There was a delay in each and every stage on their upgradation.
4.
The case of the petitioners is that they were recruited as Police Constable Grade-I in the year 1981 and thereafter they were promoted as Head Constable in the year 1996 and as Sub Inspector of Police in the year 2004-2005. An upgradation policy of the government was introduced in the year 1992, whereby Men Grade-II Police
Constables numbering about 16,800 languishing in the lower post without any promotion due to mismanagement and they were ordered to be upgraded as Grade-I Police Constable. At that point of time, policy decision was taken that the police constables who have completed ten years of service will be automatically upgraded Grade-I Police Constable and those Grade-I Police Constable who have completed five years of service without any punishment including black mark were ordered to be upgraded to the post of Head Constable. Therefore, now the petitioners sought for promotion to the upgraded post as early as, during the year 1986 itself.
5.
Heard the learned counsel appearing on either side and perused the material placed before this Court. 6.
It is seen that the petitioners were appointed as Grade I Police Constable in the year 1981 and they were upgraded to the post of Head Constable in the years 1994 &1996. Thereafter, they were promoted to the post of Sub Inspector of Police in the years 2004 & 2005. Thereafter, they were retired from their service during the years
2007 to 2019. The service particulars of the petitioners are as follows :- Date of Head Constable upgrada -tion Date of Sub Inspector promotion Date of retirement (AN) S .
No. W.P.No.
Name Date of Enlistment 12269/22 S.Vadivambiga 11.02.1981 as WGRI.PC 30.10.1994 30.08.2004 30.06.2019 12285/22 P.Dill 16.03.1981 as GRI.PC 09.12.1996 20.07.2005 30.06.2014 12292/22 G.Dhana lakshmi 16.03.1981 as WGRI.PC 09.12.1996 08.10.2004 31.07.2015 12311/22 G.Karuna bai 11.02.1981 as GRI.PC 30.09.1994 08.10.2004 31.05.2017 12307/22 K.Kalaiselvi 16.03.1981 as WGRI.PC 09.12.1996 08.10.2004 31.12.2016 12299/22 V.Subashini 16.03.1981 as WGRI.PC 09.12.1996 08.10.2004 31.03.2017 12273/22 C.Selvarani 13.02.1981 as WGRI.PC 09.12.1996 20.07.2005 28.02.2017 12304/22 S.Mythili 16.03.1981 as WGRI.PC 09.12.1996 08.10.2004 31.03.2017 12277/22 K.Nirmala 16.03.1981 as WGRI.PC 09.12.1996 08.10.2004 30.06.2014 10 12301/22 P.Shanthi 11.02.1981 as WGRI.PC 09.12.1996 08.10.2004 31.01.2018 11 12286/22 R.Vijaya kumari 16.03.1981 as WGRI.PC 09.12.1996 08.10.2004 28.02.2007 Thus depending upon the vacancies arose in the post of Head Constable and Sub Inspector of Police, they were granted promotion.
7.
That apart, there was no rule or particular period on which they are entitled for next upgradation. Only in the year 1997, the government passed order in G.O.(Ms.)No.844 Home (Police-5) Department, dated 03.06.1997, thereby considered time bound promotion. According to the said G.O., those who had worked as GradeII Police Constable for the period of ten years to be promoted as Grade-I Police Constable and those who had completed five years of service as Grade-I Police Constable to be promoted to the post of Head Constable. Subsequent to the said government order, another order was also passed in G.O.Ms.No.937 Home (Police -III) Department, dated 21.07.1998, in which those who have rendered 25 years of service including ten years service as Head Constable will be promoted to the post of Special Sub Inspector.
8.
As far as the petitioners are concerned, they were initially appointed in the year 1981 and depending upon the vacancies arose, they were upgraded to the post of Head Constable and subsequently promoted to the post of Sub Inspector of Police. Therefore, the said rule is not applicable to the petitioners. That apart, as stated supra, all the
petitioners were retired even from the years 2007 to 2019. After the period of these long years, the petitioners are claiming upgradation from the year 1986 onwards. Therefore, the entire claim of the petitioners cannot be granted and all the writ petitions are devoid of merits and liable to be dismissed.
9.
Accordingly, all the writ petitions are dismissed. There shall be no orders as to costs.
29.02.2024 Index : Yes/No Speaking/Non Speaking order rts
G.K.ILANTHIRAIYAN. J, rts To
1. The Secretary, Government of Tamil Nadu, Home (Police V) Department, Fort St. George, Chennai - 600 009.
2. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Commissioner of Police, Grater Chennai City Police, Chennai - 600 007.
W.P.Nos.12269, 12273, 12277, 12285, 12286, 12292, 12299, 12301, 12304, 12307, 12311 of 2022 29.02.2024