Case Note & Summary
The matter involved a writ petition filed under Article 226 of the Constitution of India by a retired police officer, seeking a mandamus against the Director General of Police, the Commissioner of Police, and the Accountant General. The petitioner had been initially enlisted as a Police Constable Grade-II on 15.10.1977 with a qualification of Discontinued SSLC-1976. He was subsequently promoted as Head Constable in 1984, Sub Inspector of Police (AR) in 1991, and Inspector of Police in 2003. In 2010, when he applied for promotion to the post of Assistant Commissioner of Police (AR), his name was not included in the promotion list due to lack of SSLC qualification. In 2013, he passed the Pre-Foundation Course from Madurai Kamaraj University, which he claimed was equivalent to SSLC. He made several representations seeking promotion, and later retired on 29.02.2016. A final representation was made on 29.11.2021, but no response was received, prompting the filing of the writ petition. In their counter affidavit, the respondents stated that the petitioner was enlisted as a Police Constable in 1997 with qualification of Discontinued SSLC, which appeared inconsistent with the petitioner's claim of enlistment in 1977. The matter was reserved for judgment on 12.02.2025 and pronounced on 17.02.2025 by Justice Shamim Ahmed. The excerpt of the judgment provided does not contain the court's analysis, findings, or final decision.
Issue of Consideration
Whether the Pre-Foundation Course qualification from Madurai Kamaraj University is equivalent to SSLC for the purpose of promotion to the post of Assistant Commissioner of Police, and whether the petitioner is entitled to notional promotion and consequential monetary and pensionary benefits.
Case Details
2025 LawText (MAD) (02) 306
Mrs. Porkodi Kannan (Petitioner), Mr. P. Thambidurai, Government Advocate (RR1&2), Mr. P. Gunasekaran (R3)
The Director General of Police, Chennai-4; The Commissioner of Police, Greater Chennai, Vepery, Chennai; The Accountant General (Accounts A&E), Pension Section, Annasalai, Chennai
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Nature of Litigation
Service matter - promotion denial due to educational qualification equivalence.
Remedy Sought
Petitioner seeks a writ of mandamus directing respondents to accept his Pre-Foundation Course qualification as equivalent to SSLC and grant notional promotion as Assistant Commissioner of Police with monetary and pensionary benefits.
Filing Reason
Petitioner's name was not included in the promotion list for Assistant Commissioner of Police due to lack of SSLC qualification; he later obtained Pre-Foundation Course which he claims is equivalent, but his representations were not considered.
Issues
Whether the Pre-Foundation Course qualification from Madurai Kamaraj University is equivalent to SSLC for the purpose of promotion to the post of Assistant Commissioner of Police, and whether the petitioner is entitled to notional promotion and consequential benefits.
Submissions/Arguments
Petitioner argued that his Pre-Foundation Course was equivalent to SSLC and that he should have been promoted with notional effect.
Respondents contended in the counter affidavit that the petitioner was enlisted as a Police Constable in 1997 with the qualification of "Discontinued SSLC", which was inconsistent with the petitioner's claimed enlistment date of 1977.
Judgment Excerpts
This Writ Petition has been filed, under the Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to accept the Pre-Foundation Course qualification of the Petitioner and to grant him a notional promotion as an Assistant Commissioner of Police with consequential monetary and pensionary service benefits.
The Petitioner was enlisted as a Police Constable Grade-II on 15.10.1977 in the Tamil Nadu Police with the qualification of Discontinued SSLC-1976 and then, he was promoted as a Head Constable on 27.08.1984 and was further promoted as a Sub Inspector of Police (AR) in 1991 and thereafter, he was promoted as an Inspector of Police on 14.02.2003.
In the counter affidavit filed by the Respondents 1 and 2, it is stated as follows:- (a) The Petitioner was enlisted as a Police Constable in the Tamil Nadu Police in 1997, with the qualification of “Discontinued SSLC”
Procedural History
Petitioner filed writ petition under Article 226 seeking mandamus; counter affidavit filed by respondents 1 and 2; matter heard by Justice Shamim Ahmed, judgment reserved on 12.02.2025 and pronounced on 17.02.2025.
Acts & Sections
- Constitution of India: Article 226
