S SUNDARAVADIVEL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has challenged G.O.Ms.No.875, Home (Police-III) Department dated 8.7.1998, in so far as the prescription of maximum age of 45 years, for departmental candidates, under 20% open quota for selection to the post of the Sub-Inspector of Police.

(2.) THE short facts are as follows:THE petitioner has joined Railway Police Force on 11.11.1976, as Police Constable. He is a post graduate degree holder. He was promoted as Grade-I Police Constable in the year 1994. He has received 43 rewards and also the Chief Minister's Gold Medal for meritorious service. Following the order of the Tamil Nadu Administrative Tribunal, Madras made in O.A.No.1368 of 1994 dated 18.1.1995, the first respondent issued an order in G.O.Ms.No.1954, Home (Police-III) Department dated 13.7.1995 for Special recruitment to the post of Sub-Inspector of Police from Police Constables/Head Constables, against 20% vacancies. As per the Government order, the following conditions have to be satisfied:a) THE candidate must be a graduateb) He must have completed 5 years of servicec) He must have a clean record of service without any punishment.

(3.) ASSAILING the same, Mr. K. Venkataramani, learnd senior counsel appearing for the petitioner submitted that G.O.Ms.No.1954, Home Department, dated 13.7.1995 did not prescribe any age limit for departmental candidates to participate under 20% direct recruitment quota. He also submitted that it is not open to the first respondent to amend the rule after a lapse of three years, giving retrospective effect. According to the counsel, the upper age limit for Head Constables to participate in the selection, prior to 1987 was 48 years. Pursuant to G.O.Ms.No.1883, Home (Police-III) dated 5.8.1997, the upper age limit was increased from 45 to 53 with a view to give opportunity to police personal working in the department. Referring to the orders made in O.A.No.1368 of 1994 dated 18.1.1995, learned Senior counsel for the petitioner further submitted that the direction given in the Original Application was with an intention to provide more promotional avenues to the departmental candidates for the post of Sub-Inspector of Police and therefore prescribing a maximum age of 45 years for departmental candidates is arbitrary. Learned senior counsel further submitted that due to retrospective operation of the rules the rights accrued to the departmental candidates to participate in the selection against 20% quota for promotion to the post of Sub Inspector of Police has been taken away. For the above reasons he prayed for a direction to quash G.O.Ms.No.875, Home (Police-III) Department dated 8.7.1998 in so far as prescription of maximum age of 45 years for inservice police personnel.