V VANNIAPERUMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent in his proceedings Rc. No. 267423/nos IV (1)/2006 dated 31. 1. 2006 and quash the same and direct the respondents to promote the petitioner as Sub Inspector of Police with effect from the date of promotion given to his Juniors (i. e.) 1. 6. 2004 with all benefits by including his name in the "c" list of Head Constables fit for promotion as Sub Inspector of Police for the year 2002 at appropriate place, without insisting the petitioner to attend the Range Promotion Board Test in the light of the Orders passed by the Tamilnadu Administrative Tribunal in O. A. No. 5455/98 dated 14. 2. 2001 which was affirmed by the Division Bench of this Court in W. P. No. 29862/2002 dated 22. 2. 2005 and also in the light of the orders of the Division Bench of this Court in W. P. No. 21652 of 2003 dated 18. 3. 2005 and also taking into account the relaxation granted to many Head Constables in various Government Orders.

(2.) PETITIONER joined the services in the Police Department as Grade-II Police Constable. While serving as Grade-I Police Constable, petitioner was dismissed from service on 18. 6. 1998 on the grave charges of corruption. Petitioner challenged the order of dismissal in O. A. No. 5455 of 1998 and the order of dismissal was set aside by the Tamilnadu Administrative Tribunal on 14. 2. 2001. Consequent to the order of the Tribunal, petitioner was reinstated into service without backwages on 17. 4. 2001. Petitioner claimed backwages by filing Contempt Petition No. 21 of 2002. In the meanwhile, the Department filed appeal to this Court in W. P. No. 29862 of 2002 on 20. 6. 2002, after one year and two months from the date of reinstatement. On 1. 10. 2002, the Division Bench of this Court granted interim stay of the order of the Tamilnadu Administrative Tribunal passed in O. A. No. 5455 of 1998. Thereafter, on 7. 11. 2002, the said interim stay was vacated in W. V. M. P. No. 1506 of 2002. On 22. 2. 2005, the Writ Petition No. 29862 of 2002 filed by the Department was dismissed and the order of the Tribunal in O. A. No. 5455 of 1998 reinstating the petitioner was upheld. According to the petitioner, he was working from 17. 4. 2001 on which date he was reinstated consequent to the order of the Tribunal. The grievance of the petitioner is that for the period from 14. 2. 2001 when the Tribunal set aside the order of the dismissal till 1. 10. 2002 when interim stay was passed by the Division Bench of this Court, there was no impediment in considering the petitioner's name to participate in the Range Promotion Board Test, in particular, which was conducted for the year 2002 in the subsequent year, viz. , 2003. There was no impediment for the Department not to consider the name of the petitioner during the above period. In Proceedings D. O. No. 1490/2002 A3/24318/2002 dated 13. 9. 2002, the Superintendent of Police, Thoothukudi District passed an upgradation order in respect of Grade-I Police Constables (Local) as Head Constables. In that proceedings 85 Grade-I Police Constables were upgraded as Head Constables. Insofar as the petitioner is concerned, the proceedings states as follows:-

(3.) LEARNED counsel appearing for the petitioner referred to the G. O. Ms. No. 986 Home (Police III) Department dated 2. 5. 1988 and another G. O. Ms. No. 2099 Home (Police III) Department dated 23. 9. 1988 and the Memorandum in R. O. No. 404/90 dated 24. 9. 1990 issued by the third respondent, whereby similarly placed persons have been included in the "c" list for promotion to be posted as Sub Inspector of Police exempting them from appearing for the Range Promotion Board Test. Therefore, it is stated that the respondents have discriminated the petitioner in the order rejecting such representation, whereas benefits have been given to other police constables.