K. Rajkumar v. Director General of Police, Chennai
2012-03-20
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with the prayer for a writ in the nature of mandamus, directing the respondents to include the petitioner's name in the list of Sub Inspector of Police, Armed Reserve/Tamil Nadu Special Police for being appointed by transfer as Sub Inspector of Police, Local Police for the year 1997 or any subsequent years. 2. The petitioner was directly recruited as Sub Inspector of Police in Tamil Nadu Special Police on 19.10.1987. The Chief Officer has issued a memorandum dated 11.04.1997 stipulating that Sub Inspector of Police, Armed Reserve/Tamil Nadu Special Police will be considered and converted as taluk Police after attending pre-induction course training for 6 months at police training Collage and on successful completion be allotted to District/City for practical training for a period of 3 months condensed course. 3. The batchmates of the petitioner were sent for pre induction course and were taken in service as taluk Police. However, the petitioner name was not considered. 4. The petitioner has not impleaded any batchmate said to have been included in the list, as party to this writ petition. 5. The petitioner claims to have made number of representations to the Director General of Police, but no reply was sent to the representations filed by the petitioner. 6. The submission of the petitioner is that non inclusion of his name in the list for conversion to the taluk Police is unfair as he is fully qualified for conversion. 7. The petitioner though furnished the list of persons who were selected for training, but as already mentioned, were not impleaded as parties to the writ. 8. The petitioner has placed on record memorandum dated 09.03.2001 vide which 10% of the vacancies of Sub Inspector in Taluk police were reserved for Inspector of Police, Armed Reserve and Tamil Nadu Special Police for appointment by transfer. It is not pleaded as to whether the petitioner applied for appointment in pursuance to notice/advertisement. It was clearly stipulated in the memorandum that eligible persons were to send their details in the prescribed proforma with copies of documents to the Chief Officer on or before 05.04.2001. 9. Once the petitioner had not submitted application, he could not be considered, for appointment by transfer on the basis of representation. 10. The writ petition as framed is totally misconceived. 11.
9. Once the petitioner had not submitted application, he could not be considered, for appointment by transfer on the basis of representation. 10. The writ petition as framed is totally misconceived. 11. Even otherwise, with passage of time, the petitioner cannot be considered for inclusion in the list for the year 2001. 12. Once 10% of vacancies in Taluk Police were reserved for direct recruit Sub Inspector of Police, Armed Reserve and Tamil Nadu Special Police, for appointment by transfer to taluk Police, the petitioner was under legal obligation to apply in terms of the memorandum, if he was eligible, but certainly no general direction can be issued as prayed for by the petitioner on the representation, in absence of application in form prescribed within stipulated period. No merit, dismissed. No costs.