P.Nagamony v. The Superintendent of Police District Police Office Nagercoil

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20.08.2009CORAM:THE HON'BLE MR.JUSTICE D.HARIPARANTHAMANW.P.No.5266 of 2007P.Nagamony... PetitionerVs.1.The Superintendent of Police District Police Office Nagercoil.2.The Director General of Police Mylapore, Chennai – 600 004. (R2 - impleaded as per order dated 19.08.2009 in M.P.No.1 of 2009 in W.P.No.5266 of 2007) ... Respondents PRAYER: This Writ Petition came to be numbered under Article 226 ofthe Constitution of India by way of transfer of O.A.No.262 of 2002from the file of Tamil Nadu Administrative Tribunal with a prayer tocall for the records relating to the respondent's proceedings made inNa.Ka.No.A2/240/17996/2001 dated 06.06.2001 to quash the same andconsequently direct the respondent to accord appropriate placement tothe applicant in the 1991-92 list of persons fit for promotion forSub-Inspectors and extend all benefits both service and monetary. For Petitioner:Ms.JasminFor M/s.L.Chandra Kumar For Respondents : Mr.P.Muthukumar Government Advocate O R D E RThe petitioner was appointed as Grade – II Police Constable(Armed Reserve) in Kanyakumari District on 12.10.1976. He waspromoted as Head Constable on 27.11.1984 in Armed Reserve, Nagercoil.On his request, he was transferred to Taluk Police Station as Grade –II Police Constable on 06.10.1986. He sought pay protection of HeadConstable in the transferred place as he was posted as Grade – IIPolice Constable. Since the same was not conceded, he filed anOriginal Application in O.A.No.5081 of 1992 before the Tamil NaduAdministrative Tribunal (hereinafter referred to as the Tribunal), https://hcservices.ecourts.gov.in/hcservices/ seeking either he should be transferred to Armed Reserve as HeadConstable or his last pay drawn as Head Constable in Armed Reserveshould be protected. 2.The Tribunal passed an order dated 29.10.1992 inO.A.No.5081 of 1992, directing the respondent to allow him in hisformer cadre without loss of seniority, because he was continuing inservice and the period he had served outside his cadre in effect wasin the nature of deputation. 3.Accordingly, he was transferred to Armed Reserve as HeadConstable by an order dated 05.01.1996 and his pay was also regulatedin the cadre of Head Constable. 4.Again, he filed another Original Application inO.A.No.7473 of 1999 before the Tribunal, praying for promotion to thepost of Sub-Inspector of Police on par with his juniors andbatchmates viz., Mr.P.Natarajan, Mr.Lakshmanan, Mr.A.George,Mr.Karuppasamy, Mr.Vincent and Mr.Thampiraj. According to thepetitioner, his juniors were included in the "C" list of HeadConstable (Armed Reserve) fit for promotion as Sub-Inspector ofPolice (Armed Reserve) for the year 1991-1992. 5.Admittedly, the petitioner was working in the TalukPolice Station in 1991 and hence his name was not considered forpromotion along with his batchmates. 6.However, the Tribunal in the order dated 10.12.1999 inO.A.No.7473 of 1999, directed the Director General of Police, thesecond respondent herein, to dispose of the petitioner'srepresentation in this regard within a period of six months.7.The Director General of Police, passed an order dated03.04.2000 to conduct special test for the petitioner for hispromotion to the cadre of Sub-Inspector of Police (Armed Reserve) forthe year 1991-1992.8.In the meantime, the petitioner appeared for the testsconducted on 10.07.2000 and 18.07.2000 for the regular selection tothe post of Sub-Inspector of Police for the year 2000. He wasselected in the selection process and he was promoted as Sub-Inspector of Police (Armed Reserve) with effect from 01.08.2000.After 1991-1992, the selection to the post of Sub-Inspector of Policetook place in the year 2000, in the Armed Reserve.9.Based on the aforesaid order dated 03.04.2000 of theDirector General of Police, the first respondent issued an orderdated 20.10.2000 directing the petitioner to appear for the specialtest to be conducted on 24.10.2000. https://hcservices.ecourts.gov.in/hcservices/

10.In response to the above, the petitioner sent a replydated 22.10.2000 to the respondent stating that his promotion in theyear 2000 after undergoing the selection process could be taken asthe selection process for the year 1991-1992 also and he should bepromoted as Sub-Inspector of Police along with his batchmates from1991-1992. 11.However, the respondent did not agree to such a requestof the petitioner and passed the impugned order dated 06.06.2001,stating that since he did not participate in the special test on24.10.2000, he could not be considered for promotion in the "C" listof Sub-Inspector of Police, for the year 1991-1992. 12.Aggrieved by the said order, the petitioner filed anOriginal Application in O.A.No.262 of 2002 before the Tribunal toquash the same. 13.In view of the abolition of the Tribunal, the matterstood transferred to this Court and was renumbered as W.P.No.5266 of2007.14.Heard the submissions made by Ms.Jasmine forMr.L.Chandra Kumar, learned counsel for the petitioner andMr.P.Muthukumar, learned Government Advocate for the respondents. 15.The Director General of Police decided to consider theclaim of the petitioner for promotion along with his batchmates forthe 1991-1992 panel itself and for the said purpose, he also passedan order dated 03.04.2000 to conduct a special test. Therefore,taking into account the fact that the petitioner was not able toparticipate in the selection process along with his batchmates duringthe year 1991-1992 as he was in the Taluk Police Station, theDirector General of Police agreed to hold a special test for thepetitioner. 16.As stated above, the petitioner faced the selectionprocess and appeared for the necessary tests on 10.07.2000 and18.07.2000 for the promotion to the post of Sub-Inspector of Policefor the year 2000. He was successful in those tests and was selectedand promoted in August 2000.17.In these circumstances, the petitioner havingparticipated in the selection process for the year 2000, the samecould be taken as the selection for the year 1991-1992. But thefirst respondent refused to do so, as if the petitioner expressed hisunwillingness to come for the special test that was to be held on24.10.2000. On the other hand, the plea of the petitioner was thatby the time he was asked to appear for the special test, he was https://hcservices.ecourts.gov.in/hcservices/ already underwent the selection process and was successful in theselection for the same post of Sub-Inspector. 18.Therefore, the first respondent was not correct instating that he was not willing to participate in the special test tobe conducted on 24.10.2000. Thus, the impugned order dated06.06.2001 of the first respondent was passed without application ofmind. 19.As indicated above, since it was decided by the DirectorGeneral of Police to permit him to undergo a special test, the testwhich he underwent in the year 2000 could be taken as the test for1991-1992 also. The request of the petitioner to take the selectionprocess that took place in the year 2000 as the selection process for1991-1992 is correct and justified. Now the first respondent statesthat the pattern of test in the year 1991-1992 was different from thetest that were conducted in the selection in the year 2000. However,no such reason was given in the impugned order dated 06.06.2001.Further, as the petitioner underwent the selection process in 2000,it is not fair to ask him to again appear for a special test for thevery same post. 20.In these circumstances, the impugned order dated06.06.2001 of the first respondent is set aside and the firstrespondent is directed to accord appropriate place in the 1991-1992panel prepared for persons fit for promotion to the post of Sub-Inspector of Police by granting all notional benefits. 21.However, it is made clear that since it is the ownmaking of the petitioner, the petitioner is not entitled toconsequential monetary benefits and is only entitled to notionalbenefits. 22.In the result, the writ petition is allowed to theextent indicated above. No costs. Sd/-Asst.Registrar/True Copy/Sub.Asst.RegistrarTKTo1.The Superintendent of Police District Police Office Nagercoil. https://hcservices.ecourts.gov.in/hcservices/

2.The Director General of Police Mylapore, Chennai – 600 004.+ 1 CC to Mr.L.Chandrakumar,Advocate,SR.40320W.P.No.5266 of 2007SP(CO)EM/2.9.09