A.Jayaraj v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WRIT PETITION NO.1887 OF 2014 A.Jayaraj S/o.Jebamani .. Petitioner Vs.

1. The Secretary to Government, 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 Superintendent of Police, Thiruvallur District, Thiruvallur.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in connection with the impugned order passed in RC.No.170534/NGBIV(1)/2012 dated 06.06.2013 and quash the same and further, direct the respondents to consider the claim of the petitioner for upgradation as Special Sub-Inspector of Police by taking into consideration the total service rendered by him from 29.12.1997 to 30.06.2008 and upgrade him as Special Sub-Inspector of Police and grant him all consequential service and monetary benefits including revision of pension.

For Petitioner :

Mr.M.Vignesh Raj for Mr.M.Muthappan For Respondents :

Mrs.S.Anitha, Special Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to grant benefit of upgradation to the post of Special Sub-Inspector of Police by taking into consideration the total services rendered by the petitioner in the cadre of Head Constable.

2. The petitioner joined as Grade-II Police Constable on 29.12.1977. He was transfered to Tirunelveli District in June 1986. He was upgraded to the post of Grade-I Police Constable and he was further promoted to the post of Head Constable on 24.11.1999. The petitioner attained superannuation and retired from service on 30.06.2008. The petitioner states that he had received 52 rewards. In spite of his meritorious services, the benefit of upgradation to the post of Special Sub-Inspector of Police was not granted to the petitioner.

3. The service particulars of the petitioner reveals that he had not served 10 years of service as Head Constable. He was promoted to the post of Head Constable on 24.11.1999 and retired from service on 30.06.2008. Therefore, the petitioner had not completed 10 years of service, which is a requisite qualification for grant of upgradation to the post of Special Sub-Inspector of Police as per the Government orders in force.

4. In view of the fact that the petitioner has not completed the required number of service, the relief as such sought for cannot be granted and further, there is no infirmity in the order passed by the second respondent.

In the result, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gm To

1. The Secretary to Government, 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 Superintendent of Police, Thiruvallur District, Thiruvallur.

+1cc to Mr.M.Muthappan, Advocate, S.R.No.32858 +1cc to the Government Pleader, S.R.No.33643 Writ Petition No.1887 of 2014 KK(CO) RLP(21/06/2022)