VAITHIALINGAM Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner has brought forth this writ petition seeking to quash the orders of the first respondent in Rc.No.248564 NGB IV(1) 2006 dated 24.1.2007, whereby his representation for promotion was rejected, and also to issue a direction to the respondents to promote the petitioner as Sub Inspector of Police/Inspector of Police on par with the juniors who are promoted.

(2.) THE Court heard the learned Counsel on either side.

(3.) THE Court heard the learned Additional Government Pleader. According to him, the representation was well considered by the authority, and a detailed order has also been passed, which is the subject matter of challenge, and from the order, it would be clear that as far as the case of one Sundaramurthy was concerned, he was equally placed with the petitioner; but, this petitioner has actually waived his seniority and opted to go to the local police forgoing the seniority in A.R. in 1976 itself, and as far as the other candidate by name Ameer Jhon, was concerned, though he belonged to the same batch, his seniority is above the petitioner at the time of the appointment itself, and under the circumstances, the petitioner was only to be promoted as Head Constable which has also been done, giving retrospective effect, and hence, the writ petition has got to be dismissed.