M.Pounraj v. The Principal Secretary to the Government - Home Department, Secretariat, Chennai & Ors.

1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 02.12.2011CORAM:THE HONOURABLE MR.JUSTICE K.CHANDRUW.P.(MD)No.776 of 2011M.Pounraj. ..Petitioner Vs.1.The Principal Secretary to the Government - Home Department, Secretariat, Chennai 600 009.2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.3.The Deputy Inspector of General of Police, Office of the Deputy Inspector General of Police, Dindigul Range, Dindigul District.4.The Superintendent of Police, Office of the Superintendent of Police, Theni District, Theni. .. RespondentsPRAYER:Writ Petition filed under Article 226 of the Constitution ofIndia praying for the issuance of writ of Mandamus directing the 3rd and4th respondents herein to confer deemed promotion to the petitioner asGr.I Police Constable w.e.f.1995 and further as Head Constable w.e.f.2000 on par with his Batch mates (i.e. 1981 Enlists) with notional effectand monetary effect and further consequently promote the petitioner asservice Sub Inspector w.e.f. 01.08.2010 with all attendant benefits onpar with his Batch mates. For Petitioner :Mr.G.ThiagarajanFor Respondents :Mr.Ts.Md.Mohideen AGP ORDERThe writ petition has been filed by serving Police personnel seekingfor a direction to the respondents to refix his seniority and givemonetary benefits and promotion. 2. The core contention of the learned counsel for the writpetitioner in the writ petition is that fixation of seniority in the postof Special Sub-Inspector of Police is wholly erroneous and not inaccordance with G.O.Ms.No.844 Home (Police V) Department dated 3/6/1997and G.O.Ms.No.15 Home (Pol.V) Department dated 7/1/2010, which clearlystates that upgradation upto the Special Sub-Inspector of Police has to https://hcservices.ecourts.gov.in/hcservices/ 2be given taking into consideration the length of service prescribed ateach level i.e., from (i). Grade II Police Constable to Grade I Police Constable (ii). Grade I Police Constable to Head Constable and (iii). Head Constable to Special Sub-Inspector of Police.4.It is the further case of the petitioner that had the respondentsfollowed the Government Order in G.O.Ms.No.844 Home (Police – V)Department dated 3/6/1997 and G.O.Ms.No.15 Home (Police V) Departmentdated 7/5/2010 in proper perspective, the petitioner would have gainedpromotion to higher post i.e., upto the level of Inspector of Police.Reliance has also placed on the decisions of this Court made inW.A.No.500 of 2008 dated 20/7/2010. It is further submitted that, theimpugned order, is in violation of G.O.Ms.No.844 Home (Police – V)Department dated 3/6/1997 where upgradation is a routine feature. Exceptthe above, no other grounds have been urged.5.Mr.T.S.Mohammed Mohideen, Additional Government Pleader who tooknotice at the time of admission, submitted that the date of entry of thepetitioner and the length of service required for upgradation todifferent levels, has been properly taken into consideration forupgradation to the level of Special Sub-Inspector of Police, as perG.O.Ms.No.844 Home (Police V) Department, dated 3/6/1997 andG.O.Ms.No.15 Home (Police V) Department, dated 7/1/2010 and that there isno deviation.6. In addition to the above, the learned counsel for the Stateexplained to this Court chronologically, as to how upgradation orderswere issued, taking into consideration the stagnation in the PoliceDepartment. In support of his above contention, he took this Courtthrough various Government Orders and the instructions issued from timeto time by the Government.7. A perusal of the Government Orders and the instructions, enclosedin the typed set of papers, filed by the respondents shows that in theyear 1992, the Director General of Police, Tamil Nadu, in his letterdated 4/9/1992 addressed to the Government has suggested upgradation of17,000 posts of Grade II Police Constables as Grade I Police Constables,1770 Grade I constables as Head Constables. In support of his proposalfor upgradation, the Director General of Police, Chennai has given thefollowing reasons:a. Existing strength of Police Constables – Grade II PoliceConstable – Grade I and Head Constables is about 47,000, 6,700 and 6,700(as on 4/9/1992 i.e., the date on which the proposal was sent to theGovernment)b. The extent of stagnation amount of Grade II Police Constable wason the high side and some of them had not been elevated even once after aperiod of 15 years of service.c. It was also stated that 80% of the constabulary had to retirewithout even a single promotion.d. Hence the DGP submitted the proposal suggesting the upgradationof 17,000 posts of Grade II Police Constables as Grade I PoliceConstables and 1,770 posts of Grade I Police Constables as HeadConstables. https://hcservices.ecourts.gov.in/hcservices/ 3(A) Stage I of the upgradation is upto the level of Head Constables.8. The Government, considering the issue and to solve the problem ofstagnation to certain extent and to motivate the Police personnel in thelower ranks, issued orders in G.O.Ms.No.1681 Home (Pol – V) Departmentdated 12/10/1992 upgrading 21,000 posts of Grade II Police Constable, asGrade-I Police Constables and 2,700 posts of Grade-I Police Constables,as Head Constables in a phased manner, stretched over a period of 5 yearsfrom 1992– 1993, onwards as detailed below.YEARDATE OFAPPOINTMENT UPTONO. OF POSTS OFPOLICE CONSTABLEGRADE II TO BEUPGRADED ASPOLICE CONSTABLEGRADE INO. OF POSTS OFPOLICE CONSTABLEGRADE I TO BEUPGRADED AS HEADCONSTABLE.1992 – 199331/12/197590005001993 – 199431/1/197840007001994 – 199531/12/198040007001995 – 199631/8/19844000800TOTAL2100027009. Thus, by way of G.O.Ms.No.1681 Home (Pol-V) Department dated12/10/1992, upgradation of 21,000 Grade II Police Constables to Grade IPolice Constables and 2,700 Grade I Police Constables as Head Constables,has been implemented in four phases in the years 1992 - 93, 1993 - 94,1994 - 95 and 1995 - 96. (B). Stage - II Thereafter, after 1995 - 96, the Government haveissued orders in G.O.Ms.No.844 Home (Pol-V) Department dated 3/6/1997which statesa. The upgradation of Gr.II Pcs as Gr I Pcs on completion of 10years of service and GR.I Police Constables as Head Constables oncompletion of 15 years of service (including 5 years of service as GR.IPcs) was announced by Hon'ble Chief Minister of Tamil Nadu on 25/4/1997on the floor of Tamil Nadu Legislative Assembly while passing PoliceBudget Bill.b. The Hon'ble Chief Minister of Tamil Nadu specifically mentionedthat the above upgradation was ordered to motivate and encourage thepolice personnel and to perform duties in a better way.c. Accordingly, it was ordered to upgrade 15,924 Gr.I Pcs as HeadConstables (on completion of 15 years of total service including 5 yearsservice as Gr I Pcs) and 10,106 Gr II Pcs as Gr I Pcs on completion of 10years service and waiting without any promotion.10. Subsequently, upgradation of GR II Pcs as Gr I Pcs oncompletion of 10 years of service and GR I Pcs, as Hcs on completion of15 years of service including 5 years of service as GR I Pcs have beenordered periodically.Stage III11. Pursuant to the announcement of the Honourable Chief Minister ofTamil Nadu in the Legislative Assembly on 25/4/1997 during Police budgetbill for the year 1988 – 99, orders have been issued in G.O.Ms.No.937Home (Pol-III) Department dated 21/7/1998. G.O., states that upgradation https://hcservices.ecourts.gov.in/hcservices/ 4shall be granted to the post of Special Sub-Inspector of Police, oncompletion of a total service of 25 years in Police Department with 10years of service as Head Constable provided thata. they should not have suffered any punishment within five yearsprior to upgradation;b. no disciplinary proceeding or criminal case should be pending;andc. While preparing the selection list, the guidelines contained inG.O.Ms.No.368 Personnel and Administrative Reforms Department dated18/10/1993 should be considered.12.A perusal of G.O.Ms.No.937 Home (Pol-3) Department dated21/7/1998 also shows that upgradation on the above said grounds, has beenmade as a one time measure for the year 1998. At paragraph No.5 of thesaid G.O., it has been made clear that 10 years of service as HeadConstable is mandatory. For the purpose of clarification, this Courtdeems it fit to extract paragraph Nos.3 to 5 of G.O.Ms.No.937 Home (Pol-3) Department dated 21/7/1998. "3) bkhj;jk; 25 Mz;Lfs; fhtyh; gzp. mjpy; 10 Mz;Lfs; jiyikf;fhtyh;fshfg; gzpg[hpe;jth;fs; vd;w epge;jidf;F elg;g[ M;z;oy; 1869jiyikf;fhtyh;fBs cl;gLfpd;wdh. 1974-k; Mz;oy; Beuoahfj; Bjh;e;bjLf;fg;gl;l469 Kjy; epiyf; fhtyh;fs; jiyikf;fhtyh;fshfg; gjtp cah;t[ bgw;w. <ng;gjtpapy;10 Mz;LfSf;F Bky; gzpg[hpe;jpUe;jhYk; bkhj;jk; 25 Mz;Lfs; fhtyuhf gzpg[hpe;jpUf;f Btz;Lbkd;w epge;jidf;F nth;fs; cl;gltpy;iy. vdBt. nth;fs;gzpapy; Kj;jth;fshf nUe;jBghJk;. nth;fspd; nisath;fs; rpwg;g[ cjtpMa;thsuhfg; gjt[ cah;t[ bgWk; BghJ. ne;j gjtp cah;it nth;fSf;F mspf;fnayhj ne;j Kuz;ghlhd epiyikiaj; jtph;f;f elg;g[ Mz;oy; kl;Lk;. Bkw;go 469KJepiyf;fhtyh;fs; Beh;tpy; kl;Lk; bkhj;j gzpfhyk; 25 Mz;Lfs; nUf;fBtz;Lbkd;w epge;jidf;F tpyf;fspj;J. 10 Mz;Lfs; jiyikf; fhtyh;fshfg; gjtptfpj;jpUe;jhy; BghJk; vd;w epge;jida[ld;. gjtp cah;t[ mspf;fyhk; vd fhty;Jiwj;jiyik naf;Feh; ghpe;Jiu bra;Js;shh;.4) fhty; Jiwj; jiyik naf;Fehpd; Bkw;go ghpe;Jiufis muR tphpthfg;ghprPypj;J mtw;iw Vw;fyhk; vd Kot[ bra;Js;sJ. mjd;go gj;jp 2y; Fwpg;gpl;lK:d;W gphpt[fspy; bkhj;jk; 25 Mz;Lfs; fhtyh;fshfg; gzpg[hpe;J. mjpy; 10Mz;Lfs; jiyikf;fhtyh;fshf cwtpy;jhh;fshf gzp Koj;j jiyikf;fhtyh;kw;Wk; cwtpy;jhh;fSf;F fPH;f;fz;l epge;jidfSld; rpwg;g[ cjtp Ma;thsh;fshfg;gjtp cah;t[ mspf;f muR Miz nLfpwJ-m) nth;fs; gjtp cah;t[ bgWtjw;F Kd;dh; cs;s 5 Mz;Lfs; jz;lid VJk;bgw;wpUf;ff;TlhJ.M) jz;lid tpjpfspd; gphpt[ 3(gp)d; fPH; Fw;wr;rhl;Blh my;yJ fphpkpdy; tHf;Bfhnth;fs; kPJ vJt[k; epYitapy; nUf;ff;TlhJ.n) gjtp cah;t[ mspg;gJ kw;Wk; Bjh;t[g;gl;oay; jahhpg;gJ rk;ge;jkhf muR18/10/1993 ehspl;l. gzpahsh; kw;Wk; eph;thfr; rPh;jpUj;jj;Jiw Miz vz;/368y;tFj;Js;s tpjpKiwfspd;go nth;fs; jFjp bgw;wpUf;f Btz;Lk.5) BkYk; 1974k; Mz;oy; Beuoahfj; Bjh;e;J vLf;fg;gl;l 469 KJepiyf;fhtyh;fs; Beh;tpy; kl;Lk; bkhj;j gzpf;fhyk; 25 Mz;Lfs; nUf;fBtz;Lbkd;wepge;jidf;F tpyf;fspj;J. nth;fs; 10 Mz;Lfs; jiyikf; fhtyh;fshfg; gzpg[hpe;jnUe;jhy; BghJk; vd;w epge;jida[ld; nth;fSf;F rpwg;g[ cjtp Ma;thsh;fshfg;gjtp cah;t[ mspf;fyhk; vd muR MizapLfpwJ. ne;j rpwg;g[ Beh;t[. elg;g[ Mz;Lf;Fkl;LBk bghUe;Jk;." https://hcservices.ecourts.gov.in/hcservices/ 5Stage - IV13.Material on record discloses that subsequently, that theGovernment have also issued orders in G.O.Ms.No.1247 Home (Police.V)Department dated 28/10/2004 upgrading Grade II Police Constables as GradeI Police Constables and Grade II Police Constables as Head Constables andat paragraph No.2 of G.O.Ms.No.1247 Home (Police.V) Department dated28/10/2004, the requirements for upgradation stated, are extractedhereunder:-"2. In the letter fourth read above, the Director Generalof Police has stated that Government ordered for theupgradation of 21,000 Grade II Police Constables who havestudied upto VIII Standard or III form as Grade I PoliceConstables in a four phased manner from 1992 – 93 to 1995 – 96in the Government order first read above as detailed below:-YEARDATE OF APPOINTMENTNO. OF GRADE II POLICECONSTABLES UPGRADED ASGRADE I POLICECONSTABLES1992 – 9331/12/7590001993 – 9431/1/7840001994 – 9531/12/8040001995 – 9631/8/844000 Total21000In the above Government order, cut off date for considerationfor upgradation was not fixed. For upgradation of 4000 Grade –II Police Constables for the year 1995 – 1996 under IV phase, asonly 3421 eligible Grade II Police Constables appointed upto31/12/83 were available, the cut off date had further beenextended upto 31/8/1984 to utilise the balance posts of 579 (i.e4000 – 3421). While extending cut off date, 1519 Grade IIPolice Constables were found eligible. Out of this 1519 GradeII Police Constables, only 579 persons were allotted to all theUnit Officers to fill up the shortage of 579 Grade I posts forthe year 95 – 96 under phase IV. The 579 Grade II PoliceConstables who were upgraded as Grade I Police Constables on25/7/95 were upgraded as Head Constables on 25/7/2000 oncompletion of 5 years of service as Grade I Police Constablesfrom 25/7/95. The remaining others (i.e 1519 minus 579 = 940)have not been considered for upgradation as Grade I PoliceConstables for the year 1995 – 96 for want of posts and theywere upgraded as Grade I Police Constables in July 1997. HenceDirector General of Police has requested to issue orders forenhancing the ceiling of 4000 for the year 95 – 96 under phaseIV as 4940 and promote all these 940 Grade II Police Constableson par with their batchmates with effect from 25/7/95."Stage - V14.G.O.Ms.No.15 Home (Pol.v) Department dated 7/1/2010 is aconsolidated instructions issued by the Government for upgradation ofPolice Personnel serving at various levels. https://hcservices.ecourts.gov.in/hcservices/

615.While issuing the above said order, the Government haveconsidered the suggestion of the Director General of Police, Chennaiwhich are as follows:-(i).Grade II Police Constables who have not been promoted asGrade – I Police Constables for want of vacancies, may beupgraded as Grade – I Police Constables by the Superintendent ofPolice/ Commissioners of Police concerned on completion of 10years of qualifying service (in the post of Grade – II PoliceConstable) from the first of the month succeeding the date ofcompletion of 10 years.(ii). Grade – I Police Constables who have not beenpromoted as Head Constables for want of vacancies may be upgradedas Head Constables by the Superintendent of Police/Commissionerof Police concerned on completion of 5 years of qualifyingservice (in the post of Grade I Police Constable) from the 1st ofthe month succeeding the date of completion of 5 years.(iii). The constables who have completed 25 years ofservice, out of which 10 years of service have been completed asHead Constables are not able to get regular promotion as Sub-Inspector of Police may be given upgradation as Special Sub-Inspector of Police from the 1st of the month succeeding the dateof completion of 25 years of service by the respective DeputyInspector General of Police/Commissioners of Police.(iv) to consider all these upgradations, the unit officersconcerned should strictly observe the guidelines issued by theGovernment in G.O.Ms.No.368 Personnel and Administrative Reforms(S) Department dated 18/10/1993 and subsequent amendment issuedfrom time to time without any deviation."16. After considering the suggestion of the Tamil Nadu PoliceCommission and the Director General of Police, Tamil Nadu the Governmenthave issued the following orders:-"5.The Government after careful examination have decided toaccept the proposal of the Director General of Police.Accordingly, the Government delegate thea. Powers to the Superintendent of Police/Commissioner ofPolice(i).To upgrade Grade II Police Constables who have not beenpromoted as Grade – I Police Constables for want of vacancies, asGrade -I Police Constables on completion of 10 years of servicein the post of Grade II Police Constable from the first of themonth succeeding the date of completion of 10 years.(ii).To upgrade Grade – I Police Constables who have notbeen promoted as Head Constables for want of vacancies, as HeadConstables on completion of 5 years of service in the post ofGrade – I Police Constables from the first of the monthsucceeding the date of completion of 5 years.(b).Powers to the Deputy Inspectors General of PoliceCommissioners of Police to upgrade the police personnel who havecompleted 25 years of service, out of which 10 years of servicehave been completed as Head Constables and not able to getregular promotion as Sub-Inspector of Police from the first ofthe month succeeding the date of completion of 25 years ofservice.6. The Government direct that conditions stipulated in G.O. https://hcservices.ecourts.gov.in/hcservices/ 7(MS) No.937 Home (Police 3) Department dated 21/7/1998 and inG.O.(Ms) No.368 Personnel and Administrative Reforms (S)Department dated 18/10/1993 and subsequent amendments issued fromtime to time, shall be adhered to, while upgrading the rank ofthe Police personnel indicated in para 5 above."17. Thus, the sequence of events from 1992, makes it clear that, forupgradation to various levels in the Police force i.e., from Grade II toGrade – I, Grade – I to Head Constable and from Head Constable to SpecialSub-Inspector of Police, a specific period of service has been prescribedat each level i.e., on completion of 10 years of service from the dateof enlistment as Grade II Police Constable to the level of Grade I, andon completion of five years of service in the post of Grade – I Constableto upgradation to Head Constable and on completion of total service of 25years in Police Department, with 10 years of service as Head Constable,for upgradation to the post of Special Sub-Inspector of Police. It is thecase of the respondents that the petitioner has been given upgradation tovarious levels, in Police Department taking into consideration the lengthof service put in by him, at each level.18. The Government orders and the instructions stated supra, makesit clear that upgradation can be granted only upto the level of SpecialSub-Inspector of Police. They also make it clear that the right conferredon the petitioner, is only with regard to upgradation of his services, atvarious levels depending upon the length of service, required to be putin by the Police personnel. They do not confer any right on thepetitioner to make any claim for promotion as regular Sub-Inspectors ofPolice and the Government orders deal only with conferment of status asSpecial Sub-Inspector of Police with monetary benefits, in the scale ofpay equivalent to that of regular Sub-Inspector of Police. Theupgradation is to motivate the Police personnel in the lower ranks whowere considered for promotion for a long number of years of service. TheDivision Bench judgment, relied on by the learned counsel appearing forthe petitioner speaks about the non-consideration of the length ofservice of the Policemen, who had served in different units of the PoliceDepartment. In the above case, the grievance of the petitioner was that,they had worked in different units in the Police Department. The servicerendered altogether, was not taken into consideration and in suchcircumstances, considering rule 25(b) of the Special Rules for Tamil NaduPolice Subordinate Service, directions have been issued to compute theentire length of service for the purpose of fixing seniority. There isabsolutely no quarrel over the said judgment, but on the facts of thiscase, it is the considered view, that the said judgment would not lendany support for claiming promotion to the post of a regular Sub-Inspectorof Police, which can be done, only if the petitioner qualify himself inthe selection process conducted by the Board. Conferment of status asSpecial Sub-Inspector of Police to reduce stagnation in the lower ranks,cannot be construed to mean that the petitioner has to be promoted asregular Sub-Inspectors, with his seniority. Many Head Constables whowould not even qualified in the earlier selection process for regularSub-Inspectors of Police, or secured the required cut off marks in theselection, by virtue of their length of service and concession extendedby the Government, cannot seek for refixation of seniority in the post ofregular Sub-Inspector of Police, who had competed and became successfulin the selection conducted by the Board. That would be violative of https://hcservices.ecourts.gov.in/hcservices/ 8Article 14 of the Constitution, treating unequals as equals. Theconcession given by the Government to remove the stagnation does notconfer any right for seniority in the post of regular Sub-Inspector ofPolice.19.Considering the facts and circumstances of the cases, the writpetition is dismissed. No costs. jikrSd/-Deputy Registrar[Writs]/True copy/Assistant RegistrarTo1.The Principal Secretary to the Government - Home Department, Secretariat, Chennai 600 009.2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.3.The Deputy Inspector of General of Police, Office of the Deputy Inspector General of Police, Dindigul Range, Dindigul District.4.The Superintendent of Police, Office of the Superintendent of Police, Theni District, Theni. +1 CC TO Special Government Pleader, SR.NO.42694.Order made inW.P.(MD)No.776 of 2011Dated:02.12.20118P/6CRPB : 19.12.2011