S. Mallan vs The Superintendent of Police

S. Nagamuthu, J.—The petitioner was formerly working as Grade-I Police Constable in Madurai District. The Superintendent of Police, Madurai District, by his proceedings in A1/15296/98 D.O.600/98, promoted as many as ten Grade-I Police Constables as Head Constables, including the petitioner. But, the petitioner was not immediately relieved from the place of his working. He was later on relieved and then he reported for duty at the promoted post on 01.07.1998. He retired from service on 30.06.2008. As per the Government Order and the Service Rules, a Head Constable who has put-in 10 years of service shall be entitled for selection grade. But the petitioner was not given selection grade at all. In this regard, the petitioner made a request to the Superintendent of Police, Madurai District, to consider his claim and to give him selection grade. But, the Superintendent of Police, Madurai District, by his proceedings in A1/5138/198/2008, dated 25.03.2009, rejected the said request on the ground that the petitioner had not put in 10 years of service as Head Constable before his retirement. Challenging the said order, the petitioner is before this Court with this writ petition.

I have heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and I have also perused the records, carefully.

In the counter filed by the Superintendent of Police, Madurai District, it is stated that as per the Service Records of the petitioner, he was promoted as Head Constable, in the existing vacancy, only with effect from 01.07.1998 and therefore as on 30.05.2008, he has not completed 10 years of service as Head Constable, since he retired on 30.06.2008. In view of the same, according to the respondents, the petitioner is not entitled for selection grade.

But, the learned counsel for the petitioner would submit that the so-called entry found in his Service Register that he was promoted only on 01.07.1998 is absolutely incorrect. According to him, though the petitioner was promoted as early as on 23.05.1998, he reported for duty on relief, belatedly and therefore the above said incorrect entry has been made in his Service Register. He would further submit that from 23.05.1998, if the period of his tenure as Head Constable is counted, on 22.05.2008 itself he had completed 10 years of service and therefore he is entitled for selection grade.

I have considered the above submissions.

The petitioner has produced a copy of the order passed by the Superintendent of Police, Madurai, in his proceedings A1/15296/98 D.O.500/98, dated 23.05.1998, which shows that as many as 10 Grade-I Police Constables were given promotion as Head Constables with immediate effect. The petitioner was one among such promoted persons. It may be true that for the reasons best known to the superiors, he was not relieved immediately so as to enable the petitioner to report for duty in the promoted post. Of course, it is also true that he joined in the promoted post only on 01.07.1998. But, the date of joining is not crucial. It is only the date of promotion which is crucial. For no fault of the petitioner, he cannot be penalized. Going by the date of promotion i.e. 23.05.1998, as I have already held, the petitioner is entitled for selection grade. Assuming that the tenure of petitioner''s service as Head Constable started from the date of his joining in the promoted post i.e. on 01.07.1998, even then he has completed 10 years of service on 30.06.2008. Therefore, on that score also, he is eligible for selection grade. Accordingly, I reject the contention of the respondent and I am inclined to interfere with the impugned order.

In view of all the above, the writ petition is allowed, the impugned order is set aside and the respondents are directed to grant selection grade to the petitioner in the post of Head Constable with effect from 23.05.2008 and give him all monetary benefits and the consequential pension benefits, by revising his pension. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order. No costs. Connected M.P.(MD)No.1 of 2009 is closed.