High Court · 2009

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:30.10.2009CORAMTHE HONOURABLE MR. JUSTICE K.VENKATARAMANW.P. No.17312 of 2008&M.P.Nos.2, 3 & 4 of 2008K.Mohan...Petitioner. -vs.- 1.State of Tamil Nadu, Rep. By Secretary to Government, Home Department, Fort St. George, Chennai – 600 009.2.The Director General of Police, Tamil Nadu Police, Chennai – 600 004. ...Respondents.Writ Petition filed under Article 226 of the Constitutionof India, praying for issuance of a writ of Certiorarifed Mandamus,to call for the entire records in connection with the order of the 1strespondent in G.O.Ms.No.1396 Home [Pol-1A] Dept dated 3.10.2007 in sofar as it substitutes para 5(e) of G.O.Ms.No.1252 Home [Pol-VIII]Dept dated 29.10.2004 and quash the same and consequently direct therespondents to include the name of the petitioner in the panel ofSuperintendent of Police fit for promotion for the year 2004-2005.For petitioner : Mr. Venkatachalapathy, Senior Counsel for Mr. M.SriramFor Respondents : Mr. P.S.Raman, Advocate General, Asst. by Mrs.Pushpa menonO R D E RThe petitioner has come up with the present writ petitionchallenging the order of the first respondent made in G.O.Ms.No.1396Home [Pol-1A] Dept dated 3.10.2007 in so far as it substitutes para 5(e) of G.O.Ms.No.1252 Home [Pol-VIII] Dept dated 29.10.2004 andconsequently to direct the respondents to include his name in thepanel of Superintendent of Police fit for promotion for the year2004-2005.2. The short matrix of the matter is set out here under:-2.1. The petitioner is a graduate and directly recruited to https://hcservices.ecourts.gov.in/hcservices/ the post of Sub-Inspector of Police in the year 1979 and joined dutyon 02.11.1979. He was promoted as Inspector of Police in the year1994.He is holding the rank of Additional Superintendent of Policewith effect from 14.10.2005.2.2. While he was working as Inspector of Police atSholvaram Police Station, he was a part of the special team formed tonab dreaded armed gangsters Asaithambi, Mano and others. When theywere spotted at Loyola College, where they were waiting to collectthe ransom for kidnapping, the gangsters smelt the presence of policeand wanted to escape. However, the driver was instructed to ram thecar in which the said armed gangsters were sitting, to block theirescape without fearing his life and in the impact he got fractured.In the exchange of fire between the special team and the gangsters,the three gangsters were eliminated on the spot. He was hospitalisedfor his injury and took treatment.2.3. Considering his bravery along with others andmeritorious act, he was awarded Chief Minister's Medal. OneMr.C.Elango, the other member of the Special Team represented to theGovernment of Tamil Nadu for accelerated promotion for his bravery inthe said encounter. The Government rejected the request of the saidC.Elango. Aggrieved over the same, he filed Original Applicationbefore the Tamil Nadu Administrative Tribunal in O.A.No.4809 of 1999.The Tribunal in its order dated 10.04.2002 directed the Government,to give him promotion from 22.04.1997 with service and monetarybenefits. Against the said order of the Tribunal, the Governmentpreferred an appeal before the High Court of Madras, and this Courtby its order dated 6.12.2005 made in W.P.No.3710 of 2003, directedthe Government to pass orders in one way or other. At the firstinstance, the Government did not consider his request, but however onhis review petition, considering the promotion granted to oneMr.Thirumalaisamy, he was given accelerated promotion from Inspectorto Deputy Superintendent of Police.2.4. The request of Mr.C.Elango was forwarded by theDirector General of Police to the Government and the Government hadplaced the same before the Accelerated Promotion Board for itsdecision. The Board decided to constitute High Level Committee toexamine each and every police officer in the encounter forAccelerated Promotion. The High Level Committee recommended that thesaid C.Elango and the petitioner whose contributions to the gallantencounter of 31.07.1996 were of higher order deserved recognition.The recommendation of the High Level Committee was accepted by theAccelerated Promotion Board. Again, the Accelerated Promotion Boardconvened another meeting for deciding the date of promotion to beawarded and accordingly awarded promotion to the said C.Elango witheffect from 6.12.2004 and for the petitioner with effect from14.10.2005. He was promoted as Addl. Superintendent of Police witheffect from 14.10.2005 retrospectively against the supernumerary post https://hcservices.ecourts.gov.in/hcservices/ created vide G.O.Ms.No.1246 dated 20.08.2007.2.5. There was also a direction to fix the inter-se-seniority and to forward the same to the Government for its approval.On granting of accelerated promotion he had sent a representation tothe Director General of Police on 29.09.2007 for inclusion of hisname in the panel for the post of Superintendent of Police in theyear 2004-2005. Again, he had sent a representation to the Governmenton 16.05.2008, but till date he has not received any reply. In themean while, the Government had issued G.O vide G.O.Ms.No.1396 dated3.10.2007 amending para 5(e) of G.O.Ms.No.1252 dated 29.10.2004, inthe case of the accelerated promotion granted to STF men who wasinvolved in the Veerappan case. The said G.O may not have any bearingfor the petitioner to get further promotion. The petitioner, thus hasapproached this Court, challenging the G.O 1396 dated 3.10.2007 witha further direction to the respondents to include his name in thepanel of Superintendent of Police, fit for promotion for the year2004 – 2005.3. I have heard Mr. M.Venkatachalapathy, the learned SeniorCounsel appearing for the petitioner and Mr. P.S.Raman, the learnedAdvocate General appearing for the respondents. The facts which arenot disputed are :-(1) On 2.11.1979, the petitioner joined duty as Sub-Inspector of Police on his selection to the said post.(2) In the year 1994, he was promoted as Inspector ofPolice.(3) 31.07.1996 – Gangsters Asaithambi, Mano and Gopal wereshot dead near Loyola College – The petitioner was a part of thespecial team formed to nab them and suffered injury.(4) 1997 – The petitioner was granted chief Minister'smedal for Gallentry.(5) One C.Elango filed Original Application before theTamil Nadu Administrative Tribunal in O.A.No.4809 of 1999.(6) On 10.4.2002, the Tamil Nadu Administrative Tribunal,Chennai, directed the Government to grant him promotion from22.4.1997 with all attended service benefits, seniority etc.,(7) On 6.12.2005, the writ petition filed by the Governmentin W.P.No.3710 of 2003 against the order of the Tamil NaduAdministrative Tribunal, referred to above held that the saidC.Elango made out a case for consideration for accelerated promotionand further directed the Government to pass orders.(8) The Government however rejected his claim(9) On 15.7.2005, promotions were granted to oneKaliamurthy and one Thirumalaisamy.(10) Thereafter, citing the said order, the said Mr.C.Elango, filed a review application before the Government.(11) On 20.8.2007, in G.O.Ms.No.1246, the Governmentreconsidered the case of the said C.Elango and the petitioner for https://hcservices.ecourts.gov.in/hcservices/ grant of accelerated promotion retrospectively and granted relief.(12) 22.8.2007 – D.G.P office sent a proposal to theGovernment to fix their seniority in A.D.S.P.(13) In G.O.Ms.No.1252 dated 29.10.2004, the Governmentgranted accelerated promotion for the STF men who have killedVeerappan.(14) G.O.Ms.No.1396 dated 03.10.2007 was passed by theGovernment, amending not only para 5e of G.O.Ms.No.1252 dated29.10.2004 (Promotion given to STF men who have engaged themselves inkilling the forest brigand Veerappan) but also stated,"The concept indicated in para 3(i) above is alsoapplicable to the persons, who have been awarded acceleratedpromotion in individual orders from time to time to theextent it applies to future promotion. The above principlewill apply also to cases of accelerated promotion to beconsidered in future."4.1. The question that arises for consideration is whetherby virtue of G.O.Ms.No.1396 Home [Pol-1A] Dept dated 3.10.2007, thepetitioner could be denied further promotion as Superintendent ofPolice. Unlike, in the case of STF men who have involved in theVeerappan's case, who have been accorded promotion, in the case ofthe petitioner individual assessment was made about his outstandingperformances and exceptional personal activity in achievingoperational success in dreaded armed gangsters Asaithambi and othersat great risk to his personal life. The G.O granting acceleratedpromotion to the petitioner and one Elango is extracted here under:-Home (Police.1A) DepartmentG.O.Ms.No.1246Dated:20.8.2007Read:1. G.O.Ms.No.468/Home (Police.V) Department, dated19.3.19962. From the Director General of Police letterNo.108576/NGB VII(2)/2006, dated 18.7.2006 and 29.5.2007.-----ORDER:-Thiru C.Ilango , while he was working as Inspector ofPolice submitted a petition to Government requestingaccelerated promotion for his bravery in an encounter,which had occurred near Loyola College leading to the deathof the kidnappers (Asaithambi and Mano) on 31.7.96. For theabove bravery he had been recommended for Chief Minsiter'sMedal and the same was awarded to him. Hence acceleratedpromotion by one stage was rejected. Aggrieved by the https://hcservices.ecourts.gov.in/hcservices/ rejection of his claim for accelerated promotion Thiru.C.Ilango filed O.A.No.4809/99 before the Tamil NaduAdministrative Tribunal. The Tribunal in its order dated10.4.2002 in O.A.No.4809/99 directed to give promotion from22.4.97 with service and monetary benefits. Against theabove Tamil Nadu Administrative Tribunal orders Governmentfiled appeal before the High Court, Madras in WPMPNo.4680/03 in WP No.3710 of 2003. The Hon'ble High Court intheir order dated 6.12.2005 in W.P.No.3710/2003 among otherthings ordered that it is made clear that in view of allthe details placed before us, the first respondent has madeout a prima facie case for the consideration foraccelerated promotion from 22.4.1997 and it is for theGovernment to pass appropriate orders one way or the other.The first petitioner/Home Department is directed to passorders afresh within a period of three months from the dateof receipt of copy of this order."2. As directed by the Hon'ble High Court acceleratedpromotion board meeting was convened and the board did notfind any reason to interfere with this pattern ofrecognition and reward since no substantial material isavailable to deviate from the earlier decision and tosanction accelerated promotion in the case of Thiru.C.Ilango and decided that Thiru. C.Ilango, who had alreadybeen awarded Chief Minister's Police Medal for Gallantry,cannot be considered for sanction of accelerated promotion.Accordingly Thiru C.Ilango, Assistant Commissioner ofPolice has been informed vide letter (Ms) No.193, Homedated 09.03.2006. Thiru C.Ilango, Assistant Commissioner ofPolice has submitted a review petition to Governmentwherein he has requested to give accelerated promotion onpar with his co-participant Thiru Thirumalaisamy who wasgiven accelerated promotion from Inspector to DeputySuperintendent of Police with effect from 12/2004. TheDirector General of Police forwarded his request andrequested to reconsider the review petition of ThiruC.Ilango, Assistant Commissioner of Police and passappropriate orders. Accordingly the case was re-examinedand decided to place the proposal before the AcceleratedPromotion Board for its decision. At the meeting, it wasdecided that a High Level Committee headed by a SeniorOfficer in the Office of the Director General of Policeshould be set up by the Director General of Police whichwill examine the role of each and every Police Officerinvolved in the encounter against Asaithambi and his gangand give a comprehensive report to Government within amonth. After receiving the report, the AcceleratedPromotion Board would be convened and the report of theHigh Level Committee would be placed before the Board for https://hcservices.ecourts.gov.in/hcservices/ its decision. Accordingly, a High Level Committeeconsisting of the Additional Director General of Police(Administration), Additional Director General of Police(Law and Order) and Additional Director General of Police(Intelligence) was constituted by the Director General ofPolice which forwarded its report to Government. On receiptof the High Level Committee report the AcceleratedPromotion Board meeting was again held, to examine thereport of the High Level Committee and to take a decisionin the matter. The High Level Committee in its report amongother things has recommended as follows:-Thiru C.Ilango, Assistant Commissioner of Police(Inspector on 22.04.1997) and Thiru K.Mohan, AssistantCommissioner of Police (Inspector on 22.4.1997) whosecontributions to the gallant encounter of 31.07.1996 wereof a higher order and who suffered the maximum injuryamong the whole team deserves recognition. The aboverecommendation of the High Level Committee has beenconsidered and accepted by the Accelerated Promotion Boardto give accelerated promotion to Thiru C.Ilango, AssistantCommissioner of Police and Thiru. K.Mohan, AssistantCommissioner of Police as Additional Superintendent ofPolice. Further, the Accelerated Promotion Board meetingwas again held for deciding the date of promotion to beawarded in the cadre of Additional Superintendent of Police(Category.I) to Tvl. C.Ilango and K.Mohan and decided toaward accelerated promotion to Thiru C.Ilango, AssistantCommissioner of Police from 6.12.2004 and Thiru K.Mohan,Assistant Commissioner of Police from 14.10.2005 (The dateof his promotion as Deputy Superintendent of Police)respectively. For accommodating them in the post ofAdditional Superintendent of Police the Director Generalof Police has requested to create two supernumerary post inthe cadre of Additional Superintendent of Police(Category.I) separately. 3. The Government have carefully andindependently examined the recommendation of theAccelerated Promotion Board and decided to accept the same.Accordingly Government direct the accelerated promotion tobe given to Thiru C.Ilango, Assistant Commissioner ofPolice as Additional Superintendent of Police with effectfrom 6.12.2004 and to Thiru K.Mohan, Assistant Commissionerof Police as Additional Superintendent of Police witheffect from 14.10.2005. The Government also order that twosupernumerary posts in the cadre of AdditionalSuperintendent of Police (Category.I) be created one postfrom 6.12.2004 and another post from 14.10.2005 in orderto accommodate Tvl. C.Ilango, Assistant Commissioner of https://hcservices.ecourts.gov.in/hcservices/ Police from 6.12.2004 and K.Mohan, Assistant Commissionerof Police from 14.10.2005 as Additional Superintendent ofPolice respectively. The above said two supernumerary postswill be in existence till the incumbent's vacate the poston retirement from service or promotion to next higher rankor otherwise.4. This order issues with the concurrence ofFinance Department vide its U.O.No.54595/Home 1/2007, dated17.8.2007.(By Order of the Governor)S.MALATHISecretary to Government4.2. In the case of STF men who have been involved in theVeerappan's case, individual assessment of their act of bravery ineliminating the forest brigand was not made by the Government andthe recommendation made by the Director General of Police and theBoard which was constituted for the said purpose has not assessed theindividual STF men pertaining to their part in eliminating the saidVeerappan. But the case of the petitioner does not stand in the saidposition.4.3. When individual assessment was made on the petitionerand the petitioner was granted accelerated promotion, the Governmentmay not be justified in passing G.O.Ms.No.1396 dated 3.10.2007 inequating the petitioner along with the STF men referred to above. Inthe said G.O though it was passed in reference to the STF menreferred to above, in the last para of the said G.O there is also areference about accelerated promotion given to others. The same isextracted here under:-"The concept indicated in para 3(i) above is alsoapplicable to the persons, who have been awarded acceleratedpromotion in individual orders from time to time to theextent it applies to future promotion. The above principlewill apply also to cases of accelerated promotion to beconsidered in future."5. A uniform stand cannot be taken by the Government inrespect of the STF men referred to above and the case of theindividual like the petitioner who have been accorded acceleratedpromotion for their acts of bravery. Further, in G.O.Ms.No.1252 dated29.10.2004, it was referred that one stage of promotion were given tothem but in respect of the accelerated promotion given to thepetitioner in G.O.Ms.No.1246 dated 20.08.2007, such reference was notmade.6. It is not denied by the Government, that the petitionerwas accorded accelerated promotion taking into consideration, theguidelines framed in G.O.Ms.No.468, followed by High Level Committed https://hcservices.ecourts.gov.in/hcservices/ constituted for such purpose.7. Considering the above facts and circumstances, I am ofthe considered view that the refusal to accord promotion to thepetitioner to the post of Superintendent of Police citingG.O.Ms.No.1396 Home [Pol-1A] Dept dated 3.10.2007 is whollyunjustified. Consequently, the G.O.Ms.No.1396 dated 3.10.2007, so faras denying promotion to the petitioner is liable to quashed andaccordingly quashed. Consequently, I direct the respondents toconsider including the name of the petitioner in the panel ofpromotion, fit for promotion to the post of Superintendent of Policefrom the year, which he is eligible but for G.O.Ms.No.1396 dated3.10.2007. The said exercise has to be carried out by the respondentswithin a period of six weeks from the date of receipt of a copy ofthis order. The writ petition is ordered accordingly. Consequently,connected miscellaneous petitions are closed. However, no order as tocosts.pgp Sd/Asst.Registrar/true copy/Sub Asst.RegistrarTo1.The Secretary to Government, State of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009.2.The Director General of Police, Tamil Nadu Police, Chennai – 600 004.1 cc To Mr.M.Sriram, Advocate, SR.57883W.P.No.17312 of 2008JRG (CO)SS (18.11.2009)