HC dismisses plea of constable

Madurai Bench of Madras High Court has ruled that a head constable who went on long leave without permission, which was later regularised, could not stake claim for promotion as sub-inspector since he had not completed ten years of eligible service.
Justice K.K.Sasidharan, dismissing a petition of head constable V.Jegannathan, said he must complete ten years of regular service. "Regular service means actual service by discharging duty and not technical service by regularising the deserted period."
The Judge agreed with the contention of the Superintendent of Police that the Petitioner would be eligible for upgradation as SSI only on May 1,2016. The counter affidavit was so clear that the Petitioner was yet to complete ten years of eligible service.

As the petitioner was involved in series of cases of desertion, and was punished for desertion twice,he was not promoted as SSI though he completed 25 years of service totally.
The Petitioner said though he had taken 425 days leave without authorisation, the same had been regularised without pay and contended he was eligible for promotion.
The judge said the 425 days could not be treated as duty period as claimed by the petitioner and dismissed his petition.