Judgment 1. The petitioner is an Ex-serviceman and worked as a Vehicle Mechanic in Corps of EME Army for 15 years. After discharge from Army, the petitioner was enlisted as a Police Constable on 01.12.2003 and posted to TSP X Battalion. Since he was experienced vehicle mechanic and having licence to drive heavy vehicles, he was posted to the M.T. Group in TSP X Battalion. As there was dearth of heavy vehicle drivers in TSP V Battalion, the petitioner was posted to the said Battalion in October 2004 and later on transferred to TSP V Battalion on 01.01.2006 and absorbed in M.T. Group there. 2. According to the petitioner, he was possessing all qualifications in terms of Rule 14 (V) of TNSPSS Rules 1978 for promotion to the post of M.T. Havildar and hence gave a representation dated 03.02.2006 to the 2nd respondent to consider his case for promotion. He was called upon to attend the M.T. Tests as per procedure laid down under the Rules and he was successful. The petitioner's name was included in the 'C' list of M.T. PCs fit for promotion as M.T. Havildar for the year 2006–2007 and he was promoted as M.T. Havildar with effect from 30.05.2006. Later, his services were regularised as M.T. Havildar with effect from 18.03.2006, as per the order dated 02.08.2007. His probation was completed on 17.03.2007 afternoon and was brought to the 'A' list with effect from 18.03.2007 forenoon, as per the order dated 10.04.2007. 3. According to the petitioner, he was shocked to receive the impugned order dated 19.06.2008 on 20.06.2008 wherein his name has been removed from 'C' list of M.T. PCs fit for promotion as M.T. Havildar for the year 2006 – 2007 as he was found ineligible on that date. The order of promotion as M.T. Havildar was canceled and he was ordered to be reverted as Police Constable and to be transferred to TSP VII Battalion and he was relieved on 20.06.2008 itself. The order of promotion as M.T. Havildar was canceled and he was ordered to be reverted as Police Constable and to be transferred to TSP VII Battalion and he was relieved on 20.06.2008 itself. The petitioner pleaded that the order of the 2nd respondent dated 19.06.2008 is in violation of principles of natural justice as he was serving in a higher post as M.T. Havildar from 18.03.2006 and completed probation successfully and brought to 'A' list and cannot be removed even without show cause notice and no reasons have been mentioned in the impugned order before reverting him from the post of Head Constable to Police Constable. He further submitted that even though the Appellate Authority has got powers to revise the panel or order of deletion of a person from the 'C' list on suo muto, it can be done only within a period of six months and after six months, the Appellate Authority has no locus to pass any order The present order of removal of the petitioner's name from the 'C' list and reversion as M.T. Police Constable is illegal, irregular and not in consonance with the rules and established procedure and hence the order has to be set aside. 4. The respondent has filed a detailed counter wherein it has been stated that for the year 2006–07, some of the constables were sent for Motor Transport Test and the minimum qualification for the test was 50% and some of them have appeared for the test but no 'C' list was drawn for the year 2006–07. In the meantime, the petitioner, PC 4588 Vetrivelavan reported for duty on 02.01.2006 at TSP V Battalion on transfer from TSP X Battalion and submitted a petition dated 02.02.2006 to the Commandant, TSP V Battalion stating that on 20.12.2005 a promotion test was conducted for Motor Transport Police Constables for promoting them as M.T. Havildar in which none of the PCs of the M.T. Group was qualified and there was one vacancy in TSP V Battalion which could not be filled up due to shortage of qualified personnel and requested to promote him in the existing vacancy for which there is provision in TNSPSS Rules 1978 which is a false statement. Based on the false information, the petitioner was allowed to appear for M.T. Havildar for the year 2006–07 and another test was conducted exclusively for the petitioner and he passed the test. 'C' list was drawn on 18.03.2006 in which the petitioner's name was included at Srl.No.3. As there was no provision in TNSPSS Rules for conducting of two tests subsequently for drawal of 'C' list of PC (MT) fit for promotion as Havildar M.T for a panel year and that the crucial date for eligibility for M.T. PC to M.T. Havildar for the year 2006-07 is 31.12.2005 and that the petitioner has not joined prior to 31.12.2005 and that he was transferred from TSP X Battalion only on 02.01.2006, the impugned order has been issued removing the name of the petitioner from the 'C' list of M.T. PCs fit for promotion as Havildar M.T. for the year 2006–07 and reverted as P.C. (M.T.). Based on the false representation of the petitioner that promotion test was conducted, the petitioner will not be entitled to any relief. His good record will not confer him any right for promotion of MT Havildar in TSP and his military service rule is entirely different from present service and is governed by the Service Rules in TSP. 5. The relevant portion of the counter in paragraph 9 is extracted below : 9. It is submitted that with regard to Para 6, the contention of the petitioner is not correct. As per rule 14 of the Tamilnadu Special Police Subordinate Service, the petitioner has to borne in TSP V Battalion on or before 31.12.05 i.e. the crucial date for eligibility for promotion to next rank is 31st December of previous year of panel year. But the petitioner has joined in TSP V Battalion only on 02.01.2006. Therefore, the petitioner is not eligible for inclusion in the current panel year i.e. 2006-07 even though he is possessing necessary qualification. He is eligible for inclusion in the next panel year 2007-08 only. Therefore, the Inspector General of Police, Armed Police, Chennai in Memo RC No.A2/12695/2009, dated 19.06.2008 instructed the Commandant, TSP V Battalion to issue order removing the name of the petitioner from the 'C' list. Accordingly, the Commandant, TSP V Battalion has issued order in RC No.A2/23767/2005 (B.P.379/08), dated 19.06.2008. Therefore, the Inspector General of Police, Armed Police, Chennai in Memo RC No.A2/12695/2009, dated 19.06.2008 instructed the Commandant, TSP V Battalion to issue order removing the name of the petitioner from the 'C' list. Accordingly, the Commandant, TSP V Battalion has issued order in RC No.A2/23767/2005 (B.P.379/08), dated 19.06.2008. Therefore, it is not necessary to communicate order of the Inspector General of Police, Armed Police, Chennai to the petitioner. 6. Heard both sides. 7. This Court, while admitting the writ petition has granted interim order. Admittedly, the petitioner has been working as Havildar (M.T.). From paragraph 9 of the counter it is clear that the petitioner, even though possessing necessary qualification was not eligible to be included in the promotion panel for the year 2006-07, as he joined the TSP V Battalion only on 02.01.2006 and the cut off date was 31.12.2005. The case of the petitioner is that he has been relieved in December 2005 but he was transferred and permitted to join TSP V Battalion only on 02.01.2006. This cannot be quoted against the petitioner as there is no fault on his part. At this instance, this court is not inclined to go into the question whether order of not relieving the petitioner immediately and thereafter permitting him to join only on 02.01.2006 in TSP V Battalion is correct or not. Since the respondents have admitted that the petitioner is possessing necessary qualification but was not there in the cut off date, i.e. 31.12.2005 when the examination was conducted and that he will be eligible to be considered in the next panel for promotion for the year 2007-08, instead of allowing the writ petition in its entirety and remitting the matter to the authority to consider the case of the petitioner afresh, I find it suitable to include his name in the promotion panel for the year 2007-08 as the facts are admitted and the petitioner has qualified the examination and that the respondents have admitted that the petitioner was possessing necessary qualification for the panel year 2006-07 and also 2007-08, in order to give a quietus to the matter. 8. In view of the above said circumstances, this court directs the respondents to give promotion and all other benefits to the petitioner by including his name in the panel for the year 2007-08 granting all other benefits due to him. 8. In view of the above said circumstances, this court directs the respondents to give promotion and all other benefits to the petitioner by including his name in the panel for the year 2007-08 granting all other benefits due to him. Since the petitioner has already worked, completed probation and successfully drawn wages from the date of promotion on entry into services, the amount already paid to him cannot be recovered as he is otherwise eligible for the services rendered as Havildar M.T. This court only postpone the relief to the petitioner from a further date and from that date, the petitioner is entitled to all the benefits that is applicable to him as per rules. 9. This writ petition is disposed of accordingly. No costs.