D SRIRAMULU Vs. REGISTRAR

JUDGEMENT

(1.) The petitioners are Sub Inspectors of Police in the State Police Service. The challenge in this Writ Petition is to the order of the Tamil Nadu State Administrative Tribunal, dated 7-8-1987 in O.A.No.4649 of 1997, as well as, to the order of the second respondent dated 24-7-1996 in RC.No.75699/NGB-I(1)/96 dated 24-7-1996, to quash the said orders with a further direction to the second respondent to include the petitioners in the 'C-List' of 1985 and accord all further promotion to the post of Inspector of Police with all attendant benefits like seniority, etc.

(2.) The petitioners who are five in number, joined as Grade-I Constables in the year 1972 and got promoted as Head Constables during the years 1980 and 1981. By an order dated 15-9-1987, they were promoted on a temporary basis to the category of Sub Inspectors under Rule 15(a) of the Special Rules for the Tamil Nadu Police Sub-ordinate Service. It is relevant to mention that under para 2(ii) of the said order, it was specifically mentioned therein that they will have no right to claim regularisation of service in the category of Sub-Inspector of Police from the date of their temporary promotion as Sub Inspector. Prior to the passing of the above said order dated 15-9-1987, by a memorandum dated 28-11-1985, all the Head Constables who were working in the Madras City Police were directed to appear for the written test to be held on 2-12-1985 for the purpose of drawal of 'C' List of Head Constables fit for promotion as Sub Inspectors of Police in the year 1985. It is common ground that the petitioners along with others who were eligible to appear, appeared for the written test. Among those Head Constables who participated in the promotion test held in 1985, 60 Head Constables who had secured 61 per cent of marks and more were included in the 'C' List drawn in CPO No.20 of 1986 dated 4-1-1986. Subsequently, two others were also included in the said 'C' List of 1985 and thereby the total number of Head Constables who were included in the 'C' List of 1985 became '62'.

(3.) Be that as it may, certain other Head Constables who neither participated in the promotion test nor whose names got included in the 'C' List of 1985, by fortuitous circumstances, came to be promoted as temporary Sub Inspectors on out of seniority basis and were working as such for more than two years as of the year 1989. They were all reverted for want of vacancy while posting directly recruited Sub Inspectors of Police who joined duty after training. Such of those temporary Sub Inspectors who faced reversion, approached the Tamil Nadu State Administrative Tribunal by way of Original Applications. Various applications so filed were all grouped together and were disposed of by a common order dated 22-12-1989 in O.A.No.694 of 1989 etc., wherein, the Tribunal held that such of those applicants who appeared before the Madras City Police Range Promotion board, though failed to get the minimum marks, by virtue of the factum of posting as Sub Inspectors and also by virtue of their long functioning as Sub Inspectors, became entitled to be retained as Sub Inspectors and they need not wait for their turn to be included in the 'C' List. The Tribunal accordingly, directed that all those petitioners should be placed below those who were regularly included in the 'C' List of Head Constables found fit for promotion as Sub Inspectors in the respective units, with a further direction that amongst them, the seniority should be worked on the basis of the seniority obtained by them in the feeder category.