P. SUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to upgrade the petitioners as Special Sub-Inspector with effect from the first of the month succeeding the date of completion of the required 25 years of service along with all monetary and pensionary benefits and payments as per 6th Pay Commission recommendations with interest, within the time stipulated by this Court.

(2.) According to the petitioners, they have joined the service of the second respondent on 07.03.1973 and 09.01.1975 respectively, and retired on 30.04.2008 as Selection Grade Head Constable after rendering 35 years and 33 years of unblemished service respectively. According to the petitioners, in order to prevent the stagnation of Police Personnel in the same cadre for long periods, the first respondent passed various Government Orders, as per which, a Police Constable Grade - II, who had completed 10 years of service, will be upgraded as Police Constable Grade - I and a Police Constable Grade - I, who had completed 15 years of Service, will be upgraded as Head Constable. A person, who had completed 25 years of overall service, of which, 5 years of service as Head Constable, will be upgraded as Special Sub-Inspector of Police. The petitioners were not upgraded as Special Sub-Inspector of Police, even though they have put in 35 years and 33 years of service respectively. Similarly placed persons like the petitioners, filed W.P. (MD)Nos.2096 and 2097 of 2011 and this Court, by order dated 30.11.2011, rejected their request, against which, they filed W.A. (MD) Nos. 237 and 238 of 2012 and a Division Bench of this Court, by common judgment dated 17.06.2013, allowed the said Writ Appeals, holding that the persons, similarly placed like the petitioners, are entitled to promotion as Sub-Inspector of Police. The respondents have implemented the said order. The petitioners gave representation on 15.05.2017 and 12.05.2017 respectively and also gave a common representation on 13.07.2017 to the respondents seeking upgradation as Special Sub-Inspector of Police with all monetary benefits. The third respondent has not passed any order thereon. Hence, the petitioners have come up with the present Writ Petition.

(3.) The third respondent filed counter affidavit on his behalf and on behalf of the respondents 1 and 2.