SECRETARY TO GOVERNMENT, HOME DEPARTMENT; DIRECTOR GENERAL OF POLICE AND THE DEPUTY INSPECTOR GENERAL OF POLICE, RAMANATHAPURAM RANGE Vs. S MANOHARAN AND THE REGISTRAR, TAMIL NADU ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioners have filed these writ petitions, aggrieved against the common order passed by the Tribunal dated 10.11.1998, wherein the applicants/respondents working as Head Constables and their next avenue for promotion as Sub-Inspectors of Police have filed the above said O.As. contending that they were enlisted as Grade II PC on 1.10.1975 and promoted as Grade I PC on 1.7.1978 and further promoted as HC on 7.3.1986. According to Rule 3(d) of the Special Rules for TNPSS Rules, a Head Constable who satisfies the qualifications prescribed in the said Rule is eligible for appointment as Sub-Inspector of Police by promotion. A Range Promotion Board is conducted for selection of Head Constables by conducting written test viva-voce and drill test. The applicants are fully qualified to participate in the range promotion board conducted for the preparation of "C" list from 1990 onwards. As there was no Range Promotion Board from 1980, they could not be considered for the post of Sub-Inspector of Police.

(2.) The Government has issued G.O.Ms. No. 937, Home (Pols. 3) department dated 21.7.1998, wherein it has been stated that those who have completed 25 years of service in the department with 10 years of service as HC will be promoted as Special Sub-Inspectors of Police. However, exemption has been given only to directly recruited Grade I PC numbering about 469, who are enlisted in the year 1974 and now working as HC on the ground that even though they have completed 10 years of service as HC, they did not complete 25 years of total service in the department, but they are seniors in service. If the G.O. is implemented, the applicants/respondents will be overlooked for consideration to the post of Special Sub-Inspectors. The intention of the scheme is to extend benefit to those who are suffering on account of stagnation of promotional avenue as per their seniority. So from the above contention of the applicants, that those who have holding the post of Head Constable for 10 years, but they are not having 25 years of total service, their case could be considered for promotion to the post of Special Sub-Inspectors. On the other hand those who are having 25 years of service will be promoted. It is not in dispute that the feeder category for promotion to the post of Special Sub-Inspectors is one and the same.

(3.) The Tribunal on consideration of the contentions of the applicants/respondents that the description of 25 years of total service is discrimination under Article 14 of the Constitution of India has set aside that portion of the Government Order. Aggrieved by the order of the Tribunal, the present writ petitions are filed by the Government.