C VARADARAJAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) ORIGINAL Application No.8573 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to set aside the order passed by the 2nd respondent in C.No.A1/42631/98 dated 15.10.1998 and to direct the respondents to include the applicant's name in the 'C' list drawn for Head constable found fit for promotion as Sub Inspector of Police for the year 1998 (Local) and to include his name in the appropriate seniority above his immediate junior and to promote him as Sub Inspector of Police and to award all consequential benefits. Since the Tamilnadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition.

(2.) THE petitioner was enlisted as a Grade-II Police Constable on 15.09.1978 in the Ramanthapuram District and he was promoted as a Head Constable on 05.06.1993. THE petitioner was transferred from Ramanathapuram District and posted to Madurai City on 19.9.1995, at his request. Since the transfer from Ramanathapuram District to Madurai City was at the request of the petitioner, as per the rules in force, he was placed at the bottom of the seniority list, that is below one Raja Head Constable 1331. THE said Raja Head Constable 1331 was promoted as Head Constable on 23.12.1994. Earlier to him, the petitioner, Varadharajan was promoted as Head Constable on 5.6.1993 that is almost 1 1/2 years before Raja. In the year 1998 the Range Promotion Board Test was scheduled to be held on 16.10.1998. THE petitioner has opted for writing the Range promotion Board Test. THE petitioner made a representation to the second respondent on 9.10.1998, to include his name for participating the Range Promotion Board Test and that was negatived by the memo dated 15.10.1998, issued by the Inspector and Commissioner of police, Madurai City stating that the petitioner's immediate junior one Head Constable Raja HC 1331 did not complete four years service as Head Constable and petitioner is not eligible to participate in the written test conducted by the Range Promotion Board. THE memo clearly states that the petitioner is not eligible to write the test to be held on 16.10.1998 for the above said reason. Challenging the same, the Original Application has been filed in the year 1998 and renumbered as W.P.No.34017 of 2006.

(3.) HEARD, Mr.B.Vijay, learned Government Advocate appearing for the respondents, also submitted that the petitioner on his own sought for transfer from Ramnad District to Madurai City and therefore he was placed as a junior most in the seniority list under the said Raja HC 1331, in accordance with the procedure adopted by the Police Department and hence his claim was rejected.