B.PANNEER SELVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to an order dated 14.05.2009 passed by the Director General of Police, Chennai, rejecting the request of the petitioner to consider his case for promotion to the post of Junior Assistant, on the grounds that there are no rules or regulations or promotional avenues for the post of Painter. In the said order, the Director General of Police, Chennai has instructed the Commissioner of Police, Madurai District, the third respondent herein to inform the petitioner that his request would be considered only if appropriate Government Orders are received for framing rules and regulations to the post of painter.

(2.) ACCORDING to the petitioner, he was appointed as Painter on 05.08.1991 through Employment Exchange in Madurai City Police, in the time scale of pay of Rs.750-12-870-14-970. He completed his probation on 04.08.1992. Selection grade scale of pay was granted to him on 05.08.2001.

(3.) ASSAILING the correctness of the impugned order and placing reliance on a decision of the Supreme Court in State of Tripura and others vs. K.K.Roy reported in 2004(9) SCC 65, learned counsel for the petitioner submitted that the respondents ought to have considered that the post of painter also comes under Class-IV category 17 of the Tamil Nadu Basic Service and that therefore, the contention raised in the counter-affidavit that the post of painter does not fall under the Tamil Nadu Basic Service, that it is purely a technical post and, therefore, the petitioner is not eligible to be considered for promotion to the post of Junior Assistant as per the rules is not tenable. He further submitted that the post of sweeper in the police department draws a scale of pay of Rs.2550-55-2660-60-3200. Whereas, the ordinary scale of pay of the post of painter is Rs.3050-75-3950-80-4950. According to him, when the post of sweeper which falls under category-12 in class-IV of the Tamil Nadu Basic Service, with a lesser scale of pay is eligible for promotion to the post of Junior Assistant, then the petitioner, who is also in the same Class but, at category 17 with a higher scale of pay, is entitled to seek for promotion from Class-IV of the Basic Service to the post of Junior Assistant, subject to satisfying the educational and other eligible criteria prescribed for the post of Junior Assistant.