Judgment :- (This writ petition came to be numbered by transfer of O.A.No.5666 of 1998 from the file of the Tamil Nadu Administrative Tribunal, Chennai, praying to issue a mandamus, directing the respondents to include the name of the applicant in the Special Select List for the year 1996 of Graduate Police Constables and Head Constables fit for appointment as Sub-Inspectors and to depute him for training as Sub-Inspector.) The prayer in O.A.No.5666 of 1998 is for issuance of a mandamus, directing the respondents to include the name of the petitioner in the Special Selection List for the year 1996 of Graduate Police Constables and Head Constables fit for appointment as Sub-Inspectors and to depute him for training as Sub-Inspector. 2. Brief facts stated in the affidavit are as follows: The petitioner was enlisted as Grade-II Police Constable on 10.1.1976 and was promoted as Grade-I Police Constable in 1994, in which post he continues till date. The petitioner is now serving as Grade-I Police Constable in Pudupettai Police Station in Cuddalore District. It is claimed by the petitioner that he passed M.A. degree from Annamalai University in May 1994 and as post-graduate, he was eligible to participate in the special selection for appointment as Sub-Inspector held in October 1995. But he was prevented from participating in the very selection as he was kept under suspension due to the pendency of criminal charges by the Superintendent of Police, Cuddalore, passed in his proceedings Ref.D.O.301/95-C.No.B3/12963/95, dated 24.3.1995 on the ground that a criminal case was under investigation for offences under Sections 223, 225-B, 419 and 109 IPC. According to the petitioner, the said criminal case ended in honourable acquittal on 22.2.1996 and consequently, the Department, by order dated 13.11.1996, dropped the disciplinary proceedings and allowed to rejoin duty. The Department, on 17.2.1997, regularised the period of suspension as duty period with arrears of pay and allowances. It is the grievance of the petitioner that in spite of the above dropping of charges and regularisation of the service after revoking the suspension order and treating the period of suspension as duty period with pay and allowances, he missed the opportunity of participating in the Special Selection conducted in the year 1996 for the post of Sub-Inspector of Police due to the pendency of the charges and criminal case. Therefore, he has prayed for a mandamus, directing the respondents to include his name in the Special Selection List for the year 1996 of Graduate Police Constables and Head Constables fit for promotion as Sub-Inspectors deputing for training as Sub-Inspector. 3. A counter affidavit has been filed by the respondents, wherein, the Department states that on the relevant date of selection, the petitioner was not exonerated of the charges and therefore, he has not applied for the test for departmental candidates for appointment as Sub-Inspector under 20% quota under the direct recruitment. In the counter affidavit, it is admitted that the departmental proceeding was dropped and he was given all service benefits, treating the suspension period as duty period with all monetary benefits. In paragraph 8 of the counter affidavit, it is stated that simply because the petitioner was exonerated of the charge, he cannot have automatic entitlement for his inclusion in the selection list without actually participating in the test prescribed for proving his suitability along with other candidates who were similarly placed. 4. Learned counsel for the petitioner argued that in view of his exoneration of the charges subsequently, he should be given all benefits, which includes the right to be considered for promotion. Admittedly, the promotional post is not an automatic entitlement and it is a selection post for which the petitioner has to undergo the process of selection and only if he comes out successful in the selection process, his name will be included in the select list. As rightly pointed out by learned counsel for the petitioner, he was prevented from participating in the selection due to pendency of the charges, which are ultimately not found against him and he was fully exonerated giving all service benefits. The prayer for his automatic inclusion in the select panel cannot be granted, because the post is a selection post and not on seniority basis. Hence the petitioner's request to that effect is unsustainable. 5. The prayer for his automatic inclusion in the select panel cannot be granted, because the post is a selection post and not on seniority basis. Hence the petitioner's request to that effect is unsustainable. 5. In view of the above findings, the petitioner is directed to give a representation to the second respondent – Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai-600 020, within two weeks from the date of receipt of a copy of this order and on such representation being made, the second respondent shall conduct relevant test for the selection to the post of Sub-Inspector of Police and if the petitioner is found fit, his name shall be included in the select list of 1996 and he shall be given training and after the completion of training, he shall be given the post. The second respondent shall conduct the relevant test within four weeks from the date of the representation of the petitioner as stated above. The writ petition is disposed of with the above direction. No costs.