The Madras High Court has restrained the State government from effecting any promotion in police service except in accordance with the judgment of a Division Bench on April 5 this year, pending disposal of a writ petition.
Justice D.Hariparanthaman passed the order on a writ petition by S.Prabakaran, an Inspector of the Economic Offences Wing-II. The petitioner said he was promoted as Inspector in April 2005. He was now awaiting promotion as Deputy Superintendent of Police (DSP.)
The petitioner said the Tamil Nadu Government issued an order in October 2007 laying down the principle of seniority between accelerated promotees (STF personnel were given accelerated promotion) and regular promotees in police to the effect that seniority between the two categories should continue to be governed by their panel position, that is, with reference to their inter-se seniority in the lower grade. At any stage, the accelerated promotion would not give the individual accelerated consequential seniority. This was because accelerated promotion was only for one stage.
Mr.Prabakaran said this G.O. was sought to be altered by a G.O. of May 3 last year whereby the accelerated promotees were intended to be placed above the regular promotees for all time to come. When this was challenged, a Division Bench set it aside on April 5 this year.
It was more than two months since the High Court settled the principle of seniority to be followed in respect of accelerated promotees and regular promotees. The petitioner said that as per his seniority in the Inspector’s cadre, he was a regular promotee and was entitled to be considered for the next promotion. For promoting him, the government should publish a seniority list of the cadre of Inspectors as per the court judgment, but the list has not been published yet.
The government was now attempting to regularise the services of DSPs who had an accelerated promotion, with the concurrence of the Tamil Nadu Public Service Commission. This action would be contrary to the Division Bench judgment. Hence, the present petition for a direction to the government to publish immediately a fresh seniority list of Inspectors, DSPs and Additional Superintendents of Police duly as per the court judgment.
