R. ULAGANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Introductory:- 1. These matters relate to the claim of upgradation as Grade I Head Constable and Special Sub Inspector of Police based on the Government Orders issued from time to time to solve the problem of stagnation without promotion in the police Department. The policemen who are the petitioners in the Writ Petitions claimed deemed promotion to the post of Special Sub Inspector of Police with attendant service and monetary benefits, without rendering the actual service of 10 years in the rank of Head Constable for making them eligible for promotion to the post of Special Sub Inspector of Police. In short, completion of 25 years of service as a police constable without there being ten years service as Head Constable was taken as the basis to claim upgradation as Special Sub Inspector of Police. The claim made for deemed promotion was allowed by the High Court earlier without considering the purport of the relevant Government Orders. The position was changed subsequent to the order dated 22 March 2017 in Review Applications (MD) Nos. 70/2015 etc. batch wherein the Division Bench made it very clear that it would not be possible to promote a Head Constable as Special Sub Inspector of Police by way of upgradation without completing 10 years of service, notwithstanding the completion of 25 years of service as a police constable. Brief facts:-

(2.) The respondents were recruited in the Tamil Nadu Police Service during 1960s and 1970s. The initial appointment was in the post of Grade II Police Constable in the Tamil Nadu Police Service.

(3.) The policemen were not in a position to get promotion on account of their inability to pass the prescribed test and it was also due to lack of vacancy in the post of Head Constables and Sub Inspector of Police and other higher ranks. The Government of Tamil Nadu with a view to solve the problem of stagnation of constables serving in the same rank for several years, without getting even a single promotion, issued an order in G.O. Ms. No. 1681, Home (Police V) Department dated 12 October 1992. The Government took a decision to upgrade 21,000 posts of Grade II Police Constables and 2700 post of Grade I police Constable in a phased manner, extended to a period of five years from 1992-1993. The policemen were all given the benefit of such upgradation.