P GOPALAKRISHNAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The Original Application in O.A.No.5957 of 1998 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) The petitioner was recruited as Grade-II Police Constable on 12.12.1969. He failed in SSLC. His grievance is that he was not allowed to sit for the test under "Junior Promotion" Category to Grade-I Police Constable during 1976. He made a representation after twenty years in 1996 claiming that he should be promoted in the year 1976, as he was unjustly not allowed to sit for the junior promotion test, though he rendered four years of service as Grade-II Police Constable. He approached the Tamil Nadu Administrative Tribunal by filing O.A.No.8262 of 1997 in this regard. The Tribunal passed an order dated 21.10.1997 directing the respondent to consider the representation and to pass an order thereon, in accordance with law. Accordingly, the respondent passed the impugned order dated 18.03.1998 rejecting the request of the petitioner. Thereafter, the petitioner filed O.A.No.5957 (W.P.No.33084 of 2006) to quash the aforesaid order dated 18.03.1998 of the respondent and consequently direct the respondent to promote the petitioner retrospectively under junior promotion category from the year 1976 with all consequential benefits.

(3.) The respondent filed a reply affidavit refuting the allegations. It is stated that the petitioner was not educationally qualified under junior promotion category during 1976. He completed SSLC only during 1986. Though he rendered four years of service as Grade-II Police Constable, he was not eligible to be considered under the junior promotion category, since he was not educationally qualified. It is stated that the rules provide for SSLC pass as educational qualification for Grade-II Police Constable to be considered for under junior promotion category to the post of Grade-I Police Constable.