← Library
Madras High CourtWP(MD)/17807/2019dismissed

N.Shanmugam v. The Govt. Of Tamil Nadu

2025-01-30Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.01.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.17807 of 2019 N.Shanmugam ... Petitioner versus

1. The Government of Tamil Nadu, Rep. By its Secretary to Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

3. The Superintendent of Police, Crime Branch CID, Pantheon Road, Chennai - 8.

4. The Accountant General (Accounts and Establishment), No.361, Anna Salai, Teynampet, Chennai - 18.

... Respondents 1/5

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Rc.No.58348/PBAII(1)/2019 dated 23.07.2019 and quash the same and consequently, direct the respondents 2 and 3 to revise and regularize the service seniority and give the notional promotion for the post of Inspector of Police rank with monetary benefits to the petitioner within the stipulated time fixed by this Court.

For Petitioner : Mr.A.Rajaram For R1 to R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R4 : Mr.P.Gunasekaran

ORDER

The petitioner, who was working as Sub Inspector of Police, retired from service on 31.08.2008 on attaining the age of superannuation. After his retirement, he submitted a representation to the 2nd respondent on 11.08.2017 requesting to sanction him Selection Grade in the post of Sub Inspector of Police, by calculating the service of Special Sub Inspector of Police as that of the service of Sub Inspector of Police. The 2nd respondent, by impugned order dated 23.07.2019, rejected 2/5

the request of the petitioner that the category of Special Sub Inspector of Police and Sub Inspector of Police are different and therefore, the service of the petitioner as Special Sub Inspector of Police cannot be taken as a service for calculating the Selection Grade in the cadre of Sub Inspector of Police. Challenging the same, the petitioner is before this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner was promoted as Sub Inspector of Police on 16.05.1999 and he retired as Sub Inspector of Police on 31.08.2008. The petitioner has rendered the service of nine years and four months in the cadre as Sub Inspector of Police. If the petitioner's service in the cadre of Special Sub Inspector of Police for the remaining period of six months is calculated, then, he will get the benefit of Selection Grade in the cadre of Sub Inspector of Police. Therefore, the petitioner has made a request for selection grade, however, his request was rejected.

3. There is no provisions for treating the service of Special Sub Inspector of Police as that of the service of Sub Inspector of Police for granting Selection Grade. Therefore, the petitioner's service as Special 3/5

Sub Inspector of Police cannot be calculated as that of the service of Sub Inspector of Police for granting Selection Grade.

4. Accordingly, this Writ Petition is dismissed. No costs. 30.01.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet:Yes / No.

To

1. The Secretary to Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

3. The Superintendent of Police, Crime Branch CID, Pantheon Road, Chennai - 8.

4. The Accountant General (Accounts and Establishment), No.361, Anna Salai, Teynampet, Chennai - 18.

4/5

B.PUGALENDHI, J.

ogy WP(MD)No.17807 of 2019 30.01.2025 5/5