N.KARTHIKEYAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Challenging the order of the 1st respondent, namely, the Commissioner of Police, Salem City Police, Salem, in C.P.O.No.367/2008 (C.No.A3/134/7854/2008), dated 23.6.2008, to quash the same, the present Writ Petition has been filed.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner, who joined the Tamil Nadu State Police Service on 16.6.1993, after completion of the training, was posted at Palani and thereafter, transferred to Armed Reserve Force, Salem. Subsequently, he was promoted as Head Constable by order in C.O.P.A3/7688/2002 dated 29.8.2002 w.e.f. 05.09.2002. On 19.12.2002, again, he was transferred to Police Local and posted in Town Police Station, Salem as Grade-I Police Constable.

(3.) The learned Counsel for the petitioner further submitted that the petitioner was reverted back to Armed Reserve Force, Salem, permanently on 20.12.2007 on his own request by order in Na.Ka.No.A2/657/25400/2007 on condition that he should not ask for transfer to Local Police and he should not ask for the original seniority. Accordingly, the petitioner was posted as a last person in seniority in 16.6.1993 batch whereas similarly placed persons who were reverted back to Armed Reserve Force from Local Police were placed on their original seniority. One Mr.Johnson, who was junior to the petitioner in the 16.6.1993 batch, was also working as a Head Constable and he was expecting his promotion as Sub-Inspector of Police. In the meanwhile, the Commissioner of Police, Salem, the 1st respondent herein, has passed an order in C.P.O.255/2008 dated 07.05.2008, promoting 3 Grade I Police Constables to the post of Head Constable. Among them, Grade I Police Constable 970 Rajakrishnan and Grade I Police Constable 1605 Prabakaran belong to 25.10.1993 batch and they are far juniors to the petitioner and they were promoted to the post of Head Constable, which is highly discriminatory in nature.