DAMODARAN AND ORS Vs. PAUL AND ORS

JUDGEMENT

(1.) Two appeals, one on behalf of the State of Tamil Nadu, Director General of Police, Inspector General of Police (Law and Order) and Deputy Inspector General of Police, Armed Police, and another on behalf of Damodaran, Ramu, Pandian and Ganapathy, Inspectors of Police, who were impleaded as respondents in W.P.No.3014 of 1986, have been preferred against the order of Venkataswami, J., holding that the appointment of appellants in W.A.No.1623 of 1988 as Inspectors overlooking the claims of the writ petitioners, respondents cannot be sustained and accordingly, the proceedings of the fourth respondent fourth appellant in W.A.No.896 of 1989, dated 5.12.1985, is fit to be set aside.

(2.) The respondents - writ petitioners, 13 in number, Paul Ponnusamy, Thangaraj, Parameswaran, Chelliah, Kochunni, Subbarayalu, Shanmugha Sadachalam, Kanniappan, Muruganandam, Karuppiah, Rajagopal and Radhakrishnan, in their petition under Article226 of the Constitution of India, claim that except Thangaraj, who was regular Sub Inspector of Tamil Nadu Special Police Battalion, they were holding the post of Sub Inspectors, temporarily, that they were eligible for promotion as Inspector, and that they were denied the consideration for such promotion because the concerned authorities on a wrong understanding and application of the Tamil Nadu Special Police Subordinate Service Rules decided to promote the above named four Inspectors. They questioned the promotions stating that the Tamil Nadu Special Police Battalion Force is divided into two categories, one called, the General Category, and the other called the Special Category. After undergoing the procedure of recruitment and selection as constables, after the completion of 10 months basic training, the rules contemplated exercise of option for either the General Category or the Special Category, which consists of Armourer, Band, Radio and Telephone, and Motor Transport. According to them, the Special Category is a unit by itself and training for personnel belonging to Special Category is given at the Regimental Centre, Avadi. So far as the General Category is concerned, according to them, the Constables after serving for three years and atter passing the Departmental tests are promoted to the post of Lanse Naiks, and thus they are required to put in a service of two years before they are made Naiks. Similarly, to become Havildar from Naik, a Constable in General category is required to put in a minimum of two years of service as Naik, as also for further promotion from Havildar to Assistant Sub Inspector, which post has since been upgraded as Sub Inspector. Because there are a large number of them and there are only limited number of superior posts, they are required to wait for much longer period. The Special Category, however, is not subjected to any such delay, and those who opt for Special Category get accelerated promotions to superior ranks in Special Category and become Sub Inspectors, much in advance than a Constable opting for the General Category. Thus, according to them, those who opt for General Category, although in many cases were/are seniors to those who opted for Special Category, were/are made Sub Inspectors in their due time, much after, and thus much behind those who took/take advantage of accelerated promotions in the Special Categoiy. That is why in their cases, while they were still behind in the rank of Constables or Lance Naik or Naik, the respondents/appellants became Sub-Inspectors.

(3.) The other aspect to which the writ petitioners advert relates to the duties and responsibilities of the Constables attached to the General Category and the duties and responsibilities attached to the Special Category. They enumerate the duties and responsibilities of the Constables attached to the General Category and Special Category in paragraph 10 of the affidavit and assert that an Inspector in the General Category is the Kingpin of the Battalion as per Standing Order 13 of Tamil Nadu Special Manual which reads as follows: