S MALLAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner was formerly working as Grade-I Police Constable in Madurai District. The Superintendent of Police, Madurai District, by his proceedings in A1/15296/98 D.O.600/98, promoted as many as ten Grade-I Police Constables as Head Constables, including the petitioner. But, the petitioner was not immediately relieved from the place of his working. He was later on relieved and then he reported for duty at the promoted post on 01.07.1998. He retired from service on 30.06.2008. As per the Government Order and the Service Rules, a Head Constable who has put-in 10 years of service shall be entitled for selection grade. But the petitioner was not given selection grade at all. In this regard, the petitioner made a request to the Superintendent of Police, Madurai District, to consider his claim and to give him selection grade. But, the Superintendent of Police, Madurai District, by his proceedings in A1/5138/198/2008, dated 25.03.2009, rejected the said request on the ground that the petitioner had not put in 10 years of service as Head Constable before his retirement. Challenging the said order, the petitioner is before this Court with this writ petition.

(2.) I have heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and I have also perused the records, carefully.

(3.) In the counter filed by the Superintendent of Police, Madurai District, it is stated that as per the Service Records of the petitioner, he was promoted as Head Constable, in the existing vacancy, only with effect from 01.07.1998 and therefore as on 30.05.2008, he has not completed 10 years of service as Head Constable, since he retired on 30.06.2008. In view of the same, according to the respondents, the petitioner is not entitled for selection grade.