S GANAPATHY SUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed praying for a writ of Certiorarified Mandamus to call for the records relating to the Memorandum issued by the 3rd respondent in his proceedings C. No. A2/8137/2007 dated 18.4.2007 and the consequential unit promotion given to the respondents 4 to 23 in the Armed Reserve Madurai City for the panel year 2006-2007 by the 3rd respondent in his proceedings CPO. 668/2007 C. No. A2/8137/2007 dated 18.4.2007 and quash the same and consequently directing the 3rd respondent to draw a fresh panel for promotion to the post of Head Constable by providing seniority to the petitioners with effect from 14.1.2003 and promote the petitioners to the post of Head Constable in the order of seniority in the fresh panel.

(2.) Originally, the petitioners were appointed in the Tamil Nadu Police Service as Grade II Police Constables. After considerable period of service, the petitioners were transferred to the Armed Reserve wing, Madurai. Though vacancies for the post of Grade I Police Constables were available as early as in the year 2003, no panel/list was prepared for the promotion for the panel year 2003-2004, as per Police Standing Order No. 36. More so, the respondents 4 to 23 were the police personnels involved in eliminating the forest brigand Veerappan and his gang in an encounter in the year 2004. In appreciation of their services, the Government passed a G.O.Ms. No. 1252 Home (Pol. VIII) Department dated 29.10.2004 and thereby, one stage of accelerated promotion was given to all the Special Task Force Personnel, who were involved in the operation of eliminating the forest brigand. In the said Government Order, in Para 5(e), it is stated that the names of the individuals who were granted accelerated promotion were to be placed at the bottom of the seniority list of the respective category existing on the date of their joining duty in the new post.

(3.) While so, though all the petitioners were to be promoted as early as during the panel year 2003-2004 or 2004-2005, they were promoted from the post of Grade II Police Constables to the post of Grade I Police Constables by the proceedings of the third respondent dated 30.11.2005. In respect of the petitioner Nos. 13 and 14, they were also promoted to the post of Grade I Police Constables by virtue of the order of the third respondent dated 18.04.2007. Had the petitioners been empaneled in the year 2003 itself for promotion to the post of Gr. I Police Constables, they would have become seniors to the candidates who were given with accelerated promotion by virtue of the Government order referred to above and because of the inaction of the third respondent, the petitioners had been made to loss their legitimate right of promotion.