S. RAJENDRAN Vs. K. RAMANUJAM AND ORS.

JUDGEMENT

(1.) THIS contempt petition has been filed by Mr. S.Rajendran complaining the non compliance of the order passed by me in Writ Petition No. 3030 of 2007 on 4.12.2013, on the premise that when the respondents were directed to refix the seniority of the petitioner on the basis of G.O. Ms.No. 844, Home dated 3.6.97 followed by G.O. Ms.No. 937, Home dated 21.7.98 and G.O. Ms.No. 15, Home dated 7.1.2010 with all consequential service and monetary benefits, with a further direction to complete the exercise within a period of six weeks, the respondents have not taken any action.

(2.) WHILE entertaining the contempt petition, notice was issued. Subsequently, placing on record a proceeding dated 9.9.2014, a statement was made by the learned Additional Advocate General that promotion was given to the petitioner upto his retirement in accordance with strict seniority and Government Orders. A perusal of the said proceeding addressed to the petitioner clearly shows that when he was enlisted as Grade II Police Constable on 2.1.75 in the erstwhile South Arcot District, he attended the promotion test for Grade I Police Constable under junior promotion process conducted in the year 1980 by the Superintendent of Police, as a result, he came out successful in the promotion test, hence, his name was included in the seniority list under Serial No. 1. However, since some errors were noticed in the drawal of seniority list in the year 1980, it was revised in D.O.1859 of 1982 dated 23.9.82 by including his name in Serial No. 135 in the revised list. Out of 214 persons included in the revised list, only 92 persons were promoted, who were seniors to the petitioner, appointed between 1970 and 1973, with the result, the petitioner was reverted as Grade II Police Constable in the year 1982 for want of vacancies, as he was too junior at that time. Later on he was transferred to Villupuram District on 14.8.91. However, he was upgraded as Grade I Police Constable on 1.5.93 and further upgraded as Head Constable on 1.5.98. On completion of ten years of service as Head Constable, he was further upgraded as Special Sub Inspector of Police on 1.6.2008. Thereafter, he retired from service on reaching the age of superannuation on 28.2.2010. Therefore, the order passed by this Court has been duly complied with as per G.O. Ms.No. 844, Home dated 3.6.97, G.O. Ms.No. 937, Home dated 21.7.98 and G.O. Ms.No. 15, Home dated 7.1.2010 respectively.

(3.) THE learned Additional Advocate General appearing for the respondents submitted that the grievance of the petitioner that G.O. Ms.No. 844, Home dated 3.6.97, G.O. Ms.No. 937, Home dated 21.7.98 and G.O. Ms.No. 15, Home dated 7.1.2010 have not been followed in his case is absolutely untenable, since the petitioner was rightly upgraded as Grade I Police Constable on 1.5.93, by taking into account his original date of enlistment as Grade II Police Constable on 2.1.75 along with his batchmates. Again, by complying with the aforementioned Government Orders, as per the direction given by this Court, he was again upgraded as Head Constable on 1.5.98, as he has completed five years in the post of Grade II Police Constable. Since this Court has specifically directed the respondents to apply the G.O. Ms.No. 844, Home dated 3.6.97, G.O. Ms.No. 937, Home dated 21.7.98 and G.O. Ms.No. 15, Home dated 7.1.2010 for giving the benefit of further upgradation, as he has completed five years in the post of Grade I Police Constable from 1.5.93, exactly on completion of five years, he was upgraded as Head Constable on 1.5.98. Again for further upgradation as Special Sub Inspector of Police, on completion of ten years as Head Constable, he was upgraded as Special Sub Inspector of Police on 1.6.2008. Therefore, when the orders passed by this Court have been followed and complied with, the petitioner cannot have any grievance.