R. P. Ilango v. State of Tamil Nadu rep. by its Secretary
2019-12-12
A.P.SAHI, SUBRAMONIUM PRASAD
body2019
DigiLaw.ai
JUDGMENT : SUBRAMONIUM PRASAD, J. The instant writ appeal challenges the order dated 06.06.2018, passed by the learned Single Judge of this Court in WP.No.2018 of 2018, whereby, the learned Single Judge has dismissed the writ petition filed by the petitioner challenging the memorandum dated 06.08.2014, issued by the Director General of Police declining the prayer of the petitioner, for the grant of accelerated promotion from the post of Deputy Superintendent of Police to the post of Additional Superintendent of Police or advance the seniority of the petitioner to be entitled for accelerated promotion, as Deputy Superintendent of Police. 2. The appellant states that he joined the department in the year 1987 as a direct recruit Sub-Inspector of Police. He was promoted as Inspector of Police in the year 1990. The petitioner states that he is an expert shooter. He has participated in several competitions and has bagged several gold medals in All India Shooting Meets. The petitioner would submit that he had four gold medals in shooting meets. The petitioner states that G.O.Ms.No.468, Home (Police. V) Department, dated 18.03.1996, the Government has constituted the Board for considering the case of accelerated promotion on the ground of professional achievements and Sports achievements. He states that he has been given good performance in All India Police Meet by securing first rank in shooting competition. 3. The petitioner states that after became an Inspector of Police, he has bagged gold medals in the year 2004, 2005 and 2007 and therefore he is entitled to accelerated promotion on the basis of the said G.O. In fact, the petitioner in his writ petition has claimed accelerated promotion for each of the gold medals from the date of securing the gold medals. The petitioner also states that accelerated promotion has been given to one Mr.S.Arumugasamy and Mr.A.Kaliyamurthy from the post of Deputy Superintendent of Police to Superintendent of Police under the accelerated promotion Scheme. The petitioner states that he is much better than two officers in as much as he has got four gold medals and is therefore, entitled to the same benefit. 4. The respondents have filed a counter. The respondents state that the petitioner was appointed as direct Sub-Inspector of Police (Tamil Nadu Special Police) on 28.09.1987 and promoted as Inspector of Police (Tamil Nadu Special Police) on 08.08.1990.
4. The respondents have filed a counter. The respondents state that the petitioner was appointed as direct Sub-Inspector of Police (Tamil Nadu Special Police) on 28.09.1987 and promoted as Inspector of Police (Tamil Nadu Special Police) on 08.08.1990. In 1997, the petitioner opted for conversion from Category III to Law and Order, which comes in Category I. He was sent for training and allotted to Salem City as Sub-Inspector of Police as Sub-Inspector and not as Inspector. The respondents state that the petitioner was given accelerated promotion as Inspector of Police (Category-1) by the Government in G.O.Ms.No.1205, Home (Pol.V) Department, dated 03.09.1998, for his achievement in sports, for having won the Gold medal at the All India Police Duty Meet at Ambala, Haryana on 02.04.1996. As per seniority , the petitioner, for the first time reached the zone of consideration for inclusion in the panel of Inspectors of Police fit for appointment by recruitment by transfer as Deputy Superintendent of Police (Category-1) for the year 2009-2010 and his name was included at Sl.No.93 in the temporary panel of Deputy Superintendent of Police (Category-1) for the year 2009-2010 vide G.O.Ms.No.598, Home (Pol.2) Department, dated 02.07.2010. He officiated as Deputy Superintendent of Police (Category-1) on 07.07.2010 and now serving in Tamil Nadu Commando Force, Chennai. 5. It is stated that the petitioner submitted a representation dated 08.02.2013, seeking accelerated promotion from Deputy Superintendent of Police to Additional Superintendent of Police or to advance his seniority to the year 1999, as he has won the Gold and Bronze Medals in All India Police Shooting Competitions and several medals in the State Level Shooting Competition, citing some cases where accelerated promotion has been given to certain officers from the rank of Deputy Superintendent of Police to Additional Superintendent of Police vide G.O.Ms.No.597, Home (Pol.lA) Department, dated 15.07.2005. 6. According to the respondents, the Government have scrapped the accelerated promotion scheme in G.O.Ms.No.769, Home (Pol.XI) Department, dated 11.07.2008. In GO.Ms.No.805, Home (Pol.V) Department, dated 07.10.2013, the Government have ordered the Constitution of Committee under the chairpersonship of the Chief Secretary for considering the cases of the accelerated promotion to Police Personnel and requested the Committee to examine the cases of awarding acceleration promotion to the Police personnel who have performed acts of extraordinary, bravery and valour in achieving the operational success only. 7.
7. It is submitted that the request of the petitioner for accelerated promotion as Additional Superintendent of Police was rejected by the 2nd respondent in Memo.No.024760/GB 11(1)/2013, dated 06.08.2014, as the petitioner has not performed any acts of extraordinary bravery and valour in achieving operational success and that in any case, the petitioner has already been given one stage accelerated promotion to the rank of Inspector of Police by the Government in G.O.Ms.No.1205, Home (Pol.V) Department, dated 03.09.1998, for having won the Gold Medal in the All India Police Duty Meet on 02.04.1996. 8. The learned Single Judge by the impugned judgment dated 06.06.2018 (impugned herein), rejected the case of the petitioner stating that the petitioner has been given accelerated promotion as Inspector of Police. He has also been given promotion as Deputy Superintendent of Police. Therefore the petitioner cannot seek accelerated promotion from Inspector of Police to Deputy Superintendent of Police from the year 1999. The learned Single Judge also held that the G.O.Ms.No.468, Home (Police. V) Department, dated 18.03.1996, has been scrapped by subsequent G.Os, and G.O.No.805, Home (Pol.V) Department, dated 7/10/2013, has been issued limiting accelerated promotion to such of those Police personnel who have performed acts of extraordinary bravery and valour. The said order is under challenge in the instant writ appeal. 9. Heard the learned counsel for the parties. 10. A perusal of the record would show that the petitioner was appointed as Sub-Inspector of Police in Tamil Nadu Special Police Subordinate Service by an order dated 18.09.1997. He was then temporarily appointed as Inspector of Police. The petitioner was then shifted to category-1 law and order as Sub-Inspector of Police on 20.09.1997. 11. By G.O.Ms.No.1205, Home (Pol.V) Department, dated 03.09.1998, the petitioner was granted accelerated promotion from Sub- Inspector of Police to Inspector of Police for having participated and won the gold medal in All India Shooting competition held in 1996 in Ambala, Haryana. Accordingly, the petitioner by an order dated 22.01.1999 was promoted as Inspector of Police with effect from 03.09.1998 and posted as Taluk Inspector of Police in Tamil Nadu Commando Force /Tamil Nadu Commando School. The petitioner is therefore beneficiary of one accelerated promotion i.e., from Sub-Inspector of Police to Inspector of Police. Had accelerated promotion not been given, he could not have become Inspector of Police, Law & Order which comes in Category I in the year 1999. 12.
The petitioner is therefore beneficiary of one accelerated promotion i.e., from Sub-Inspector of Police to Inspector of Police. Had accelerated promotion not been given, he could not have become Inspector of Police, Law & Order which comes in Category I in the year 1999. 12. G.O.Ms.No.468, Home (Police. V) Department, dated 18.03.1996 was issued wherein, the guidelines laid down for granting accelerated promotion to Police personnel for professional achievements and achievements in Sports. The reading of the said G.O. would show it is only recommendatory in nature. There is nothing in the G.O. which would state that on receiving the every gold medal a candidate is entitled to be given accelerated promotion. The fact that the petitioner's case has been recommended by the Inspector General of Police for accelerated promotion as Deputy Superintendent of Police does not ipso facto mean the petitioner is entitled to be granted for accelerated promotion. The petitioner reached the zone of consideration for inclusion in the panel of Inspectors of Police fit for appointment by recruitment by transfer as Deputy Superintendent of Police (Category-1) only in 2010. 13. The petitioner thereafter submitted a representation on 08.02.2013 seeking accelerated promotion from Deputy Superintendent of Police to SP or to advance seniority from the year 1999 on the basis of winning the gold medal. In the mean time, Government by G.O.Ms.No.769, Home (Pol.XI) Department, dated 11.07.2008 scrapped the accelerated promotion scheme. By another GO.Ms.No.805, Home (Pol.V) Department, dated 07.10.2013, the Government ordered to constitute a committee for considering the cases of accelerated promotion only in the case of extraordinary bravery and valour. Since the petitioner's case did not come within GO.Ms.No.805, Home (Pol.V) Department, dated 07.10.2013, the petitioner who was not given accelerated promotion as prayed for. 14. Accelerated promotion is not a right. It is only an incentive given to Policemen for acts of bravery or other achievements including sports. As stated earlier, there is nothing in the Government order that for each and every medal the officer must be granted one accelerated promotion. It is up to the Government to accept the recommendation or to reject the same. In the absence of any unfettered right to receive accelerated promotion, the writ as prayed for cannot be granted. 15. The petitioner is already the beneficiary of one accelerated promotion from the post of Sub-Inspector of Police to Inspector of Police.
It is up to the Government to accept the recommendation or to reject the same. In the absence of any unfettered right to receive accelerated promotion, the writ as prayed for cannot be granted. 15. The petitioner is already the beneficiary of one accelerated promotion from the post of Sub-Inspector of Police to Inspector of Police. He is not further entitled to accelerated promotion as a matter of right to the post Assistant Superintendent of Police after getting gold medals in sports events. He has already become Deputy Superintendent of Police in the ordinary course, which he would not have become had he not got the accelerated promotion from the Sub-Inspector of Police to Inspector of Police by the order dated 3/9/1998. 16. In view of the fact that accelerated promotion is not an automatic on getting each gold medal which the petitioner has got, the writ as prayed for cannot be granted to the petitioner. There is no infirmity in the order of the learned Single Judge. Accordingly, the Writ Appeal fails. No costs.