The Madurai bench of the Madras High Court has directed promotion of 15 Grade I police constables here as Head Constables with effect from April 18, 2007 and all monetary and other attendant benefits for them from then within eight weeks.
Justice R.Mahadevan quashed the Promotion Panel prepared by the City Police Commissioner on April 18, 2007 and asked him to prepare a fresh panel accommodating the 15 constables who lost their regular seniority and consequential promotion due to delay on his part in preparing the panel.
The petitioners said they were appointed as Grade II Constables in Tamil Nadu Police Service and transferred to the City Armed Reserve police. In 2003-04, though vacancies arose for Grade-I constable post, the Commissioner did not draw a panel eligible for promotion and hence they lost the chance.
In the meanwhile, twenty constables, junior to petitioners, were promoted as Grade-I constable next year under accelerated promotion scheme for those who participated in the team to eliminate forest brigand Veerappan. They were given their second promotion to the post of Head Constable in April 2007.
Their second promotions were reverted, following a Government Order which said "At any stage, the accelerated Promotion will not give the individual accelerated consequential seniority since accelerated promotion is only for one stage." However, the 20 were given promotion later.
The petitioners were promoted as Head Constables on April 4, 2010, but the same was not given retrospective effect from April 18, 2007 when the accelerated promotees were given their second promotion, and hence the present writ petition.
Allowing the petitions of the constables, the Judge said the Commissioner failed to draw a panel for promotion from Grade II to Grade I constable during 2003-04. Had it been done in 2003-04, the petitioners would have got seniority and become eligible for Head Constable elevation.
The Judge said the right to be considered for promotion was a fundamental right and if the list had been prepared in time, the petitioners' names would have been considered.
