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2013 DIGILAW 1982 (MAD)

M. v. Chokkalingam VS Secretary to Government, Home (Police) Department, Chennai

2013-06-12

D.HARIPARANTHAMAN

body2013
JUDGMENT 1. With the consent of both parties, the writ petition is taken up for final disposal. 2. Heard both sides. The petitioner has joined as Grade II Constable on 15.11.1972. First time, the Government has issued G.O.Ms.No.1681, Home Department, dated 12.10.1992 introducing upgradation scheme taking into account the fact that thousands of police personnel were not promoted as Grade I Police Constables. Hence, the upgradation scheme was introduced. Accordingly, 21000 Grade II Police Constables were given upgradation as Grade I Police Constables and 2700 Grade I Police constables were given upgradation as Head Constables in phased manner stretched over the period of five years with effect from 1992-1993 onwards as detailed below : First Phase - 9,000 Police personnel, enlisted up to 31.12.1975 were upgraded as Grade I PCs with effect from 01.01.1993 Second Phase- 4,000 Police personnel, enlisted upto 31.12.1978 were upgraded Grade I PCs with effect from 22.07.1994. Third Phase - 4,000 Police personnel, enlisted up to 31.12.1980 were upgraded as Grade I PCs with effect from 24.11.1994. Fourth Phase - 4,000 Police personnel, enlisted upto 31.12.1984 were upgraded as Grade I PCs with effect from 25.07.1995. 3. The petitioner was upgraded as Grade I Police Constable on 25.1.1993, i.e., he has come in the first phase. 4. Thereafter, G.O.Ms.No.844, Home Department, dated 3.6.1997 was issued giving time bound upgradation scheme. Obviously, it was for the Grade II Police Constables, who were enlisted after 1.1.1985, as the others are covered by G.O.Ms.No.1681 as stated above. As per the scheme, Grade II Police Constables, who have completed 10 years of service, would be upgraded as Grade I Police Constables. The Grade I Police Constables who have completed 5 years of service, would be upgraded as Head Constables. Those who joined upto 31.12.1984 as Grade II Police Constables were upgraded as Grade I Police constables in the 4th phase as per G.O.Ms.No.1681, as stated above, i.e., those who joined after 31.12.1984 are to be given benefit under G.O.Ms.No.844 by the grant of upgradation as Grade I Police Constables. Others who have rendered 5 years of service as Grade I Police Constables have to be given the benefit of upgradation as Head Constables as per G.O.Ms.No.844. Giving the benefit of G.O.Ms.No.844, the petitioner was upgraded as Head Constable on 9.1.1998. 5. Others who have rendered 5 years of service as Grade I Police Constables have to be given the benefit of upgradation as Head Constables as per G.O.Ms.No.844. Giving the benefit of G.O.Ms.No.844, the petitioner was upgraded as Head Constable on 9.1.1998. 5. Thereafter, the Government issued G.O.Ms.No.937, Home Department, dated 21.7.1998 upgrading the Head Constables as Special Sub Inspectors of Police on completion of 10 years of service as Head Constable if they have rendered total service of 25 years. Accordingly, the petitioner was granted the benefit under G.O.Ms.No.937 and he was upgraded as Special Sub Inspector of Police on 1.6.2008 on completion of 10 years of service as Head Constable. 6. The petitioner retired on 30.4.2009 on reaching the age of superannuation. 7. Now, the petitioner has filed this writ petition, seeking for a direction for upgrading him as Grade I Police Constable on completion of 10 years of service from the date of entry into service and thereafter as Head Constable on completion of 5 years of service as Grade I Police Constable and to further upgrade him as Special Sub Inspector of Police on completion of 10 years of service as Head Constable, i.e., he wants upgradation as Grade I Police Constable in 1982 and other upgradations as Head Constable and Special Sub Inspector of Police in 1987 and 1997. 8. Such a request was declined by the third respondent in the impugned order. The impugned order has stated that there is no provision for retrospective upgradation. The impugned order has dealt with in detail as to how upgradation scheme came into existence. The impugned order categorically states that upgradation scheme came into existence only in G.O.Ms.No.1681 Home Department, dated 12.10.1992. Before that when there was no upgradation scheme and Grade II Police Constable could be promoted as Grade I Police constable depending upon the vacancy and as per service rules. However, upgradation scheme was introduced and benefit was given to the petitioner as stated above. But, the petitioner wants his service to be counted from the date of entry for giving retrospective upgradation. 9. The learned counsel for the petitioner is not able to state as to how he could claim retrospective upgradation. However, upgradation scheme was introduced and benefit was given to the petitioner as stated above. But, the petitioner wants his service to be counted from the date of entry for giving retrospective upgradation. 9. The learned counsel for the petitioner is not able to state as to how he could claim retrospective upgradation. He is not able to cite any clause in the upgradation G.Os that retrospective upgradation could be granted by counting the service from the date of entry into service though the police officials joined in 1960s and 1970s. 10. In the circumstances, I am of the view that there is no infirmity in the impugned order. The petitioner cannot seek for retrospective upgradation for which there is no basis. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.