Case Note & Summary
The case involves a batch of writ appeals and connected petitions challenging a common order dated 15.12.2020 passed by a learned Single Judge in writ petitions. The writ petitioners, who are appellants before the Division Bench, had challenged the amendment to the Special Rules for Tamil Nadu Special Police Subordinate Services notified in G.O.(Ms).No.1710, Home (Police) Department dated 23.11.2007. The appellants were initially recruited as Grade-II Police Constables in the General Line but later opted to serve in Specialist Wings such as Armoury Line, Radio Transmission or Signal Office, and Motor Transport. In these wings, they received separate promotions: in Armoury Wing, a Grade-II Constable becomes Havildar, then Sub-Inspector (Armoury), and then Inspector (General Line); in Motor Transport, the progression is to Havildar, Sub-Inspector (Assistant Motor Transport Officer), and Inspector (Motor Transport Officer); in Radio Transmission, the progression is to Naik, Havildar, Sub-Inspector (Assistant SO), and Inspector (Signal Officer). The dispute arose over whether seniority in the feeder post of Sub-Inspector (Armoury) or Inspector (Specialist Wings) should be considered for further promotion to Inspector (General Line) and Assistant Commandant, or whether seniority should be based on the initial recruitment as Grade-II Police Constable. The learned Senior Counsel for the appellants argued that their seniority in the feeder category of Sub-Inspector (Armoury) was not taken into account for promotion to Inspector (General Line) due to the amendment. The Division Bench, after hearing the submissions, upheld the amendment and dismissed the writ appeals, holding that seniority for promotion to General Line posts must be based on initial recruitment as Grade-II Police Constable, not on feeder category seniority in Specialist Wings.
Headnote
A) Service Law - Seniority - Promotion - Specialist Wings - Amendment to Special Rules for Tamil Nadu Special Police Subordinate Services - G.O.(Ms).No.1710, Home (Police) Department dated 23.11.2007 - The dispute pertained to whether seniority in feeder posts of Sub-Inspector (Armoury) or Inspector (Specialist Wings) should be considered for promotion to Inspector (General Line) and Assistant Commandant. The court held that seniority for promotion to General Line posts must be based on initial recruitment as Grade-II Police Constable, not on feeder category seniority in Specialist Wings, and upheld the amendment. (Paras 1-4)
Issue of Consideration
Whether the seniority in the feeder post of Sub-Inspector of Police and Inspector of Police in Specialist Wings (Armoury, Radio Transmission, Motor Transport) should be taken into account for further promotion to the post of Inspector of Police (General Line) and Assistant Commandant, or whether the seniority in the initial cadre of Grade-II Police Constable should be considered along with batch-mates for promotion to General Line posts.
Final Decision
The Division Bench dismissed the writ appeals, upholding the amendment to the Special Rules for Tamil Nadu Special Police Subordinate Services notified in G.O.(Ms).No.1710 dated 23.11.2007. The court held that seniority for promotion to General Line posts must be based on initial recruitment as Grade-II Police Constable, not on feeder category seniority in Specialist Wings.
Law Points
- Seniority for promotion to General Line posts must be based on initial recruitment as Grade-II Police Constable
- not on feeder category seniority in Specialist Wings
- Amendment to Special Rules for Tamil Nadu Special Police Subordinate Services
- G.O.(Ms).No.1710 dated 23.11.2007
- upheld
- Writ petitions dismissed
