M.Valarmathi v. The Secretary To Government
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.08.2025
CORAM:
THE HON'BLE MR. JUSTICE K. SURENDER and W.M.P. No.31006 of 2016 M. Valarmathi ... Petitioner -Vs1. The Secretary to Government Home (Police II) 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, Greater Chennai City Police Vepery, Chennai - 600 007.
...
Respondents 1/7
Prayer : Writ Petition filed Article 226 of the Constitution of India, for Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the impugned order passed by him in RC No.4240/NGBV(2)/2016, dated 22.7.2016 and quash the same and direct the respondents to promote the petitioner notionally as Head Constable on completion of 5 years of service as Grade-I PC from the year 1981 and further promote her notionally as Sub-Inspector of Police from the year 1996 and also grant further promotion as Inspector of Police notionally from the year 2007 with all service and monetary benefits. For Petitioner : Mr.M. Muthappan For Respondents : Mr.T. Chandrasekaran, Spl. Govt. Pleader - - - - - -
ORDER
This writ petition has been filed to quash the order passed by the 2nd respondent in RC No.4240/NGBV(2)/2016, dated 22.7.2016 and direct the respondents to promote the petitioner notionally as Head Constable on completion of 5 years of service as Grade-I PC from the year 1981 and further promote her notionally as Sub-Inspector of Police from the year 1996 and also grant further promotion as Inspector of Police notionally from the year 2007 with all service and monetary benefits.
2. When the matter is taken up for hearing, the learned Special 2/7
Government Pleader appearing for the respondents submits that the prayer sought for by the similarly placed employees was denied earlier, by this Court in a batch of writ petitions viz., W.P. No.35498 of 2019 and etc. batch. He drew the attention of this Court to relevant paragraphs of the order passed in W.P. No.35498 of 2019 and etc. batch and the same is extracted hereunder :-
58. The qualification prescribed for the Women Police Constable which was amended by G.O.Ms.No.1203, Home (Police III) Department, 08.08.1995 was a mere pass in S.S.L.C. The petitioners were appointed with a minimum S.S.L.C. pass. Therefore, the petitioners cannot claim any advantage.
59. If the arguments of the learned counsel for the respective petitioners are accepted, the petitioners being appointed as Women Police Constables will be entitled to be promoted as Head Constables within 5 years and thereafter as Special Sub Inspectors / Sub Inspectors of Police within a period of next 10 years, whereas, their male counterparts would take about 25 years to be promoted as Special Sub Inspectors / Sub Inspectors of Police.
60. As the petitioners who were appointed as Women Police Constables through direct recruitment in the years 1981 and 1991 were promoted as Head Constables in the years 1996 & 1997 and 1999 and as Sub Inspectors of Police in the years 2003 &2004 and 2009 respectively 3/7
are concerned, they cannot claim any further benefit merely because they were recruited as Women Police Constables.
61. It would be fallacious to treat the petitioners as superiors to their male counterparts who were appointed as Grade II Police Constables as the appointment of the petitioners in the years 1981 and 1991 was only at the entry level with a minimum educational qualification of SSLC.
62. If the contention of the petitioners are accepted, an anomalous situation would arise. Following Chart demonstrates the position:- Batch Head Constable Special Sub Inspector / Sub Inspector Inspector 1981 batch Gr.I W.
P.Cs.
1991 batch Gr.I W.
P.Cs.
63. It would confer undue advantage on the petitioners. The Government of Tamil Nadu had already considered the case of the petitioners by promoting the 1981 batch Women Police Constables as Head Constables with effect from the years 1996 & 1997 and the 1991 batch Women Police Constables as Head Constables with effect from the year 1999 and thereafter by promoting as Sub Inspector with effect 4/7
from the years 2003 & 2004 and 2009 respectively. They also have been given notional benefits in terms of G.O.(Ms.) No.152, Home (Police III) Department, dated 25.02.2011.
64. Therefore, the petitioners cannot claim to be similarly placed persons as that of their male counterparts who were recruited in the bottom at the entry point of time as Grade II Police Constables and thereafter upgraded as Grade I Police Constables at the end of 10 years as Grade II Police Constables merely based on their designations.
65. In the light of the above, there are no merits in these Writ Petitions and they therefore deserve to be dismissed. The petitioners are however given liberty to approach the respondents for appropriate relaxation.
66. Accordingly, these Writ Petitions are dismissed. No cost. Consequently connected Miscellaneous Petitions are closed.
3. The learned counsel for the petitioner has not disputed the aforesaid submission.
4. This Court holds that since the facts in the aforesaid case viz., W.P. No.35498 of 2019 etc. batch, are applicable to the instant case, as well, I am in agreement with the decision of the learned Single Judge of this Court.
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5. In the light of the above, this Court does not find any merit in the writ petition and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. K. SURENDER, J.
05.08.2025 Internet:Yes/No Index:Yes/No Speaking/Non-speaking order vsi2 To
1. The Secretary to Government Home (Police II) Department, Fort St. George, Chennai - 600 009.
K. SURENDER, J.
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2. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Commissioner of Police, Greater Chennai City Police Vepery, Chennai - 600 007.
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