SECRETARY TO GOVERNMENT Vs. S. SUBRAMANIAN

JUDGEMENT

(1.) The respondent was denied promotion to the post of Inspector Adjutant on the ground that he was not in the General Category (Regular Line) fit for promotion in view of the amendment made to the Tamil Nadu Special Police Subordinate Service Rules, 1978. The learned Single Judge having found that the particular amendment was incorporated only on 8th November, 2011, allowed the writ petition and issued a mandamus to give the respondent promotion to the post of Inspector Adjutant for the year 2011-2012 and grant him all consequential service benefits. Feeling aggrieved by the said order, the appellants have come up with this intra court appeal. BRIEF FACTS:

(2.) The respondent was initially appointed as a Grade II Police Constable. He opted to serve in the Radio Telephone (Signal Wing).The option was given in 1987. The respondent was given further promotion and ultimately, he was promoted as Inspector of Police (Radio Telephone) on 18.03.2005. The respondent was qualified for promotion as Inspector of Police Adjutant in the "?C "? list for the year 2011-2012.

(3.) The Inspector General of Police (Armed Police) approved the names of 7 Inspectors of Police including the respondent for promotion as Inspector of Police Adjutant for the year 2011-2012. Based on the said order passed by the Inspector General of Police, he was given promotion and posting. However, by proceedings dated 22.08.2011, the order was kept in abeyance.