M.Pachaiyappan, v. The Superindent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.12.2023
CORAM
THE HONOURABLE MR.JUSTICE V.BHAVANI SUBBAROYAN WP No.30949 of 2017 M.Pachaiyappan ..Petitioner Vs.
1. The Superintendent of Police, Kancheepuram District.
2. The Deputy Inspector General of Police, Kancheepuram Range.
3. Director General of Police, Tamil Nadu, Chennai 600 004 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of Mandamus directing the respondents to consider and pass orders sanctioning selection grade in the post of Special Sub Inspector of Police w.e.f 31.05.2008 and step up my pay for the purpose of pension and monetary benefits and to grant such further or other appropriate reliefs.
For Petitioner : Mr.N.Krishnakumar For Respondent : Mr.L.S.M.Hasan Fizal Additional Government Pleader
O R D E R
This writ petition has been filed seeking for a direction to the respondents to consider and pass orders sanctioning selection grade in the post of Special Sub Inspector of Police w.e.f 31.05.2008 and step up my pay for the purpose of pension and monetary benefits and to grant such further or other appropriate reliefs.
2.
The case of the petitioner is that he joined in the service as Grade II Police Constable on 14.12.1970 and he was promoted as Grade I P.C and Head Constable advancement orders issued by the 1st respondent on par with his Junior one Mr.Stanley. Thereafter, the petitioner service was upgraded as Special S.I and his pay was also fixed as SSI from 0106.1998. The grievance of the petitioner is that he is entitled to be promoted as Regular Sub Inspector of Police on completion of one year of Service as Special Sub Inspector and he is eligible to be granted Selection grade in the Post of Sub-Inspector of Police on
completion of 10 years of Service. The petitioner in this regard had made a representation in the year 2014 after his retirement. Since the respondent did not act on the same, the present writ petition has been filed before this Court.
3.
The learned counsel for the petitioner submitted that since the petitioner had completed one year of service as Special Sub Inspector, he is eligible to be granted with selection grade in the post of sub inspector of police on completion of 10 years of service. 4.
Mr.L.S.M.Hasan Fizal, Additional Government Pleader, appearing on behalf of respondents submitted that as per G.O.Ms.No.937 Home (Police.3) Department dated 21.07.1998, the upgradation as Special Sub Inspector of Police is not a promotion and it is only a concession which has been granted to those who had put in a long service. This concession is applicable to police personnel who had put in a total 25 years of service in the department out of which 10 years of service has been completed as Head Constable and that no relaxation will
be given to any one. In view above such Government Order, the petitioner who have been upgraded as Special Sub Inspector of Police on 01.06.1998 and completed ten years in the post of Special Sub Inspector of Police is not eligible for consideration for movement to Selection Grade Post.
5.
Though the petitioner had put in long years of service, as per above said Government Order, his case cannot be considered for Selection Grade and hence, this Court is not inclined to grant the relief as sought for in this writ petition and accordingly, the same stands dismissed No costs.
15.12.2023 Index:Yes/No Internet :Yes /No rka
V.BHAVANI SUBBAROYAN.,J rka To
1. The Superintendent of Police, Kancheepuram District.
2. The Deputy Inspector General of Police, Kancheepuram Range.
3. Director General of Police, Tamil Nadu, Chennai 600 004 WP.No.30949 of 2017 15.12.2023