M JOSEPH SAM Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) WRIT Petition came to be numbered under Article 226 of Constitution of India praying for a writ of Mandamus, to direct the respondents herein to consider the claim of the applicant for inclusion of his name in the 'C' list of Head Constables fit for promotion as Sub-Inspector of Police (AR) of the year 1991-92 communicated by the 2nd Respondent in CPO 4258/91 dated 31.12.1998 and promoted the applicant as Sub Inspector of Police (AR) on par with his juniors with all consequential service and monetary benefits and pass such other further relief or reliefs.) The petitioner has sought for a direction to respondents to consider the claim for inclusion of his name in the 'C' list of Head Constables fit for promotion as Sub-Inspector of Police (AR) of the year 1991-92 and promote him as Sub Inspector of Police (AR) on par with that of his juniors, with all consequential service and monetary benefits.

(2.) IT is the case of the petitioner that he was enlisted as Grade-II Police Constable on 14.8.1980 in Armed Reserve, Chennai. He was promoted as Naik on out of seniority basis on 20.5.1985. Thereafter, he participated in the promotion Board Armed Reserve for the post of Lance Naik during the year 1986 and his name was included in the 'C' list of Armed Reserve. He was promoted as Lance Naik on 16.4.1986, by the Commissioner of Police, Armed Reserve, Chennai.

(3.) IN support of the relief prayed for in the Writ Petition, Mr. K. Venkatramani, Learned Senior Counsel submitted that the petitioner was promoted retrospectively with effect from 8.4.87 with seniority, and therefore he should have been deemed to have completed four years of service as Head Constable and in which case, he was eligible and should have been allowed to participate in the Range Promotion Board conducted in December 1991. For the fault of the respondents, the petitioner cannot be denied of his chance for consideration to the post of Sub INspector of Police. As many juniors have been promoted to the post of Sub-INspectors of Police, there is a violation of Article 14 of the Constitution of INdia.