S.ARPUTHANANTHAM Vs. DEPUTY INSPECTOR

JUDGEMENT

(1.) BEING aggrieved by the order of the Superintendent of Police, Thoothukudi District, dated 13.04.2009, rejecting the request of the petitioner to consider his case for promotion to the post of Sub Inspector of Police for the year 2006, the petitioner has filed the present writ petition to quash the abovesaid order and consequently prayed for a direction to the respondents to include his name in the 'C' list of Head Constables fit for promotion as Sub Inspector of Police in Tirunelveli Rural Range for the year 2006 and to promote him with appropriate seniority, as well as to grant monetary benefits.

(2.) ACCORDING to the petitioner, he was appointed as a Police Constable in Tamil Nadu Special Police, third battalion at Manimuthar on 11.01.1982. He was transferred from Tamil Nadu Special Police, third battalion, Manimuthar to Armed Reserve of erstwhile Chidambaranar District (Presently Tuticorin District), vide order of the second respondent, in D.O.557/94/A2/54157/93, dated 23.06.1994 and that he was assigned a new number 1987. He was promoted as Grade I Police Constable from 01.09.2000 and thereafter, he was promoted as a Head Constable from 05.10.2000. According to the petitioner, as per Rule 3(d) of the Tamil Nadu Police Subordinate Special Rules, an Head Constable is eligible to be considered for promotion to the post of Sub Inspector of Police, if he satisfies, the following conditions:

(3.) ACCORDING to the petitioner, he had completed 45 years of age, completed 24 years of total service and has worked as an Head Constable for more than five years, as on 2006 and hence, he was fully qualified to attend the range promotion board to be selected, as Sub Inspector of Police. He further submitted that the Chairman of Range Promotion Board and the Superintendent of Police, the second respondent herein, vide his proceedings in Na.Ka.No.A2/59850/2005, dated 12.01.2006 issued individual instructions to Head Constables to attend the range promotion Board tests to be held at Centenary Hall Palayamkottai, whereas, the petitioner was not called for the Range Promotion Board tests, on the following dates: 18.01.2006 - written test, 20.01.2006 - Drill test and 23.01.2006- viva voce. Since the petitioner was not included in the range promotion board tests, he made representation on 20.01.2006 to the Chairman of Range Promotion Board and the Superintendent of Police, the second respondent herein, to include him in the Range Promotion Board. But the said representation was not considered. In these circumstances, the petitioner was constrained to file W.P.(MD)No.1053 of 2006 for a Mandamus, directing the respondents therein, to include the name of the petitioner in the 'C' list of Head Constables, fit for promotion as Sub Inspector of Police, in Tirunelveli Rural Range, for the year 2006.