THE SUPERINTENDENT OF POLICE, Vs. M. MUTHU

JUDGEMENT

(1.) M. Muthu, the respondent herein was enlisted as Grade-II Police Constable on 11.01.1978. On completion of 10 years as Grade-II Police Constable, his name was considered for inclusion in the panel for promotion as Grade-I Police Constable with effect from 05.12.1994. However, his name was not included in the above panel for the reason that he was facing a criminal case in Crime No.110 of 1992 on the file of Viruveedu Police Station, for the offences under Sections 323 and 324 of IPC. The criminal case ended in acquittal.

(2.) The respondent approached the Tamilnadu Administrative Tribunal, Chennai, by way of Original Application in O.A. No.5504 of 2001 seeking promotion as Grade-I Police Constable and Head Constable with reference to the date of promotion of his juniors. In pursuance of the directions of the Tamilnadu Administrative Tribunal, Chennai, in O.A. No.5504 of 2001 and the directions contained in the Chief Office Memo issued by the Director General of Police, Tamil Nadu, Chennai in D.Dis.No.64782/NGB III(2)/2001 dated 29.08.2001, the appellant, by his order dated 29.10.2001 notionally promoted the respondent as Grade-I Police Constable with effect from 05.12.1994 and as Head Constable with effect from 05.12.1999. His pay was fixed as applicable to the post of Grade-I Police Constable with effect from 05.12.1994. Subsequent increments were also sanctioned. Again his pay was fixed as applicable to the post of Head Constable with effect from 05.12.1999. Subsequent increments were also sanctioned to him. However, the monetary benefits have been ordered to be paid to the respondent on and from the date he assumed charge in the promoted post.

(3.) Aggrieved by the order dated 29.10.2001, the respondent approached Tamilnadu Administrative Tribunal, Chennai, by way of O.A. No.456 of 2003. Consequent to abolition of the Tribunal, the matter was transferred to this Court and renumbered as W.P. No.17246 of 2007. The respondent seeks the following relief: "to call for the records relating to the proceedings of Na.Ka.No.A1/31914/2001 and Ma.Aa. No.1219/2001 dated 29.10.2001 of the respondent, quash the same in so far as it relates to the order directing payment of monetary benefits from the date of actual assumption of the charge in the (higher) promoted post. He has also prayed for a direction to fix the scale of pay as Rs.4,600.00 as applicable to the post of Head Constable with effect from 05.12.1999. He further claimed the arrears of salary payable to him with increments with effect from 05.12.1999."