T.SENTHILKUMAR Vs. SECRETARY TO GOVERNMENT HOME DEPARTMENT

JUDGEMENT

(1.) IN this writ petition, the petitioners have challenged the proceedings of the third respondent, dated 10.09.2009, insofar as promoting the fifth respondent alone and consequently, seeking for a direction to the respondents 1 to 4 to consider the name of the petitioners to the post of Inspector (Adjutant).

(2.) THE case of the petitioners is that all the petitioners were selected to the post of Sub-Inspector of Police during the year 1994 and posted in the Tamil Nadu Special Police, namely, Special Police Battalion. A separate service Rules were framed for Tamil Nadu Special Police. The post of Sub- Inspector is classified as category 1(2) of the said service Rules. The next avenue of promotion from the post of Sub-Inspector is Inspector (Adjutant) and the said post can be filled up only from and among the posts of Inspectors. Therefore, the specialised officers who are working as Inspectors (Radio Telegraphy) are not entitled to the promotional post of Inspector (Adjutant). The fifth respondent was appointed as Grade-II Constable in the year 1981 and was promoted as Sub-Inspector of Police only on 19.07.2000, much after the petitioners' appointment. When the petitioners joined the service, the fifth respondent was only working as Avildar in the regular Radio Telegraphy Department. The third respondent through impugned proceedings promoted the fifth respondent as Inspector (Adjutant). As he is junior to the petitioners, the said promotion, dated 10.09.2009, is challenged in this writ petition.

(3.) THE respondents 1 to 4 filed a counter affidavit and stated that there was no legal bar in the service Rules for promoting the fifth respondent as Inspector (Adjutant). It is also further stated that the fifth respondent was promoted as Inspector on 26.05.2002 while the petitioners were promoted as Inspectors only on 08.05.2005. Therefore, the fifth respondent is the Senior to the petitioners and therefore, the petitioners are not entitled to question the promotion of the fifth respondent as Inspector (Adjutant).