Dismissed

A.v.Sophia v. The Secretary

Madras HC15 Dec 2021WP/35498/2019

Case brief

AI extract

What is this about?

Women police constables sought earlier notional promotions on parity with male Grade I constables. The court held that they were comparable to male Grade II constables at entry level, not promoted Grade I constables. It dismissed all petitions, granting liberty to seek appropriate relaxation from the respondents.

What did the court decide?

Liberty to approach the respondents for appropriate relaxation.

A.v.Sophia Vs The Secretary — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved On 18.08.2021 Pronounced On 15.12.2021

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CORAM

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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W.P.Nos.35498 of 2019 and W.P.Nos.10882, 10884, 10887, 10890, 10894 & 12347 of 2020 and W.P.No.18069 of 2018 and W.M.P.Nos.15197, 13204, 13207, 13210, 13216 &13222 of 2020 (Through Video Conferencing) W.P.No.35498 of 2019 1.A.V.Sophia 2.R.Kuzhali 3.K.Porkodi 4.N.Mangalam 5.S.Karpagavalli 6.S.Rajeswari 7.A.Mallika 8.R.Valli 9.P.Mailammal 10.P.Thirumala Devi 11.P.Shaila 12.S.Thannila 13.M.C.Kavitha Devi 14.U.Porkodi 15.A.Indira ... Petitioners

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https://hcservices.ecourts.gov.in/hcservices/

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Vs.
1. The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai – 600 009.
2. The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
3. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 600 007. ... Respondents
1 R.KAMALAM ... PETITIONER in WP No.10882 of 2020
1 V. VIJAYAKUMARI ... PETITIONER in WP No.10884 of 2020
1 D.MALARVIZHI ... PETITIONER in WP No.10887 of 2020
1 N. VASUKI ... PETITIONER in WP No.10890 of 2020
1 A.SAMIYATHAL ... PETITIONER in WP No.10894 of 2020
1 T.USHA (F/51) S/O.K.THANGAVELU NO.14 XI BLOCK POLICE QUARTERS ALANDUR CHENNAI - 600016
2 H.MEHABOOB JOHN(F/50) W/O. HAYATHBASHA NO.2 A BLOCK POLICE SI QUARTERS PULIANTHOPE CHENNAI - 600012
3 A.SALETH MARY(F/48) S/O GNANAPRASKASAM PLOT NO.09 RANGARAJPURAM 1ST CROSS VIJAYANAGARAM SANTHOSHPURAM CHENNAI - 600100
4 N.TAMILSELVI(F/49) W/O. SANG ARAVEL NO.6 B BLOCK POLICE QUARTERS ICE HOUSE CHENNAI - 600005
5 S.UMA (F/49) W/O. SINGARAVEL NO.6 B BLOCK POLICE QUARTERS ICE HOUSE CHENNAI - 600005

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6	M.LAKSHMI(F/51)
	S/O.MAICKAM S.NO.13 PLOT NO.37 VALLAL
	PARI NAGAR 16TH STREET 1ST CROSS STREET PALLIKARANAI - 600100
7	P.PASUPATHI(F/50) S/O. K.PARAMASIVAM NO.3 L.BLOCK ASHOK NAGAR POLICE QUARTERS ASHOK NAGAR - 600033
8	M.MALLIKA (F/50) W/O. VENKATESAN MO.101/124 K.V.B GARDERN RAJA ANNAMALAIPURAM CHENNAI - 600028
9	R.NANDHINI USHA (R.USHA NAN DHINI) F/48 S/O. P.D.RAJARANGAM O.L.L -12 N.NO.L.1 RAJ BHAVAN COLONY CHECK POST CHENNAI - 600042
10	R.PATHMAVATHY (F/49) W/O. ANNAMALAI NO.53 3RD STREET KAMARAJA NAGAR AVADI CHENNNAI - 600071
11	Y.AUROKIA GNANCY RUBAL (F/51) W/O. HALVIN NO.19L MAJESTIC COLONY PONNIAMMAN MESU CHENNAI - 10
12	N.RENUKA (F/48) W/O. RANGANATHAN NO.26 D.I QUATERS VADAPALANI HWPS THOUSAND LIGHTS CHENNAI
13	P.REVATHY (F/47) W/O. SUNDARRAAJAN NO.3/9 KALAIVANAR STREET MGR NAGAR CHENNAI - 78
14	V.INDRA(F/50) W/O. KOTTIESWARAN PLOT NO. 48 DOOR NO. 4/364 BALAJI NAGAR 4TH STREET VENGAIVASAL CHENNNAI - 73
15	KANNAMMAL MURUGESAN (F/51) W/O. MURUGESAN DOOR NO. 36 4TH CROSS ROAD GANDHI NAGAR DHARMAPURI - 636701
16	KALAISELVI. P (F/52) W/O. R.BALAKRISHNAN 4/3 GANDHI STREET THIRUVALLUVAR NAGAR AVADI KAMARAJANAGAR TIRUVALLUR - 600071

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17	A. VIJAYA VANI NO.60 MARRIAMMAN KOVIL STREET ANNNA NAGAR PAPARAPATTI.
18	D.VALLI (F/50) W/O. SARAVANAN NO.14 GANAPATHIPURAM SEMMANDALAM CUDDALORE - 607001
19	JAYANTHI (F/48) W/O. T.THIRUNAGAN DAMANTHAM AWPS VIRUTHACHALAM CUDDALORE DISTRICT
20	USHA DEVI (F/49) W/O. UTHRAPATHI 48C ADHINAYAKKAM PALAYA STREET MANNARGUDI THIRUVARUR - 614001
21	S.THIRIPURASUNDARI (F/52) W/O. SINGARAVEL NO.10 B-BLOCK SABANAYAKAR STREET NEW POLICE QUARTERS CHIDAMBARAM CUDDLORE - 608001
22	BHUJAVANI (F/51) W/O. VALUMANI G2V.POLICE QUARTERS THAZHAIYATHAM GUDIYATHAM VELLORE
23	VIJAYALAKSHMI (F/48) W/O MURUGESAN NO.5/15E POLICE QUARTERS COIMBATORE SOUTH SIDDHAPUDHUR COIMBATORE
24	LAKSHMI (F/51) W/O. VENGADESAN NO.18 VOC STREET THIRUVALLUR NAGAR HASTINAPURAM CHENNAI - 600064
25	SUMATHI (F/50) W/O. RUMANI NO.329-9 COURT OPP THIRUCHANDUR ROAD SILUVENPATTI NAMAKKAL
26	TAMILSELVI (F/52) W/O. ANBARASU NO.29/31 NEW COLONY NEHRU NAGAR CHECK POST VELACHERY CHENNAI -42
27	M.VASANTHA KUMARI (F/50) W/O. BALAKRISHNAN NO.82/10 B1 POLICE
	QUARTERS UDAIGAIMANDALAM NILGIRIS - 643001
28	SHANTHI (F/54)
	W/O.RAVICHANDRAN NADU STREET THENNAMMANADU ORATHANADU (TK) THANJAVUR - 614625

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29	POTTA(F/51) S/O ANIL KUMAR NO.25/2 KANAGAPARAM STREET MANGALAMPETTAI CUDDALORE - 606104
30	LALITHA PRIYADHARSHINI (F/48) W/O. MANIKANDAN NO.3024/26 EAST 2ND STREET PUDHUKOTTAI
31	VAIRAM (F/51) D/O. KALIMUTHU PUTHUKTTAI ROAD KSR HOUSE BACK SIDE LAKSHMI NAGAR ARANTHANGI - 614616
32	VIJARANI (F/56) W/O. THANGADURAI NO.2/103 - I POWER HOUSE ROAD MANARKUDI TALUK VADAVUR THIRUVARUR - 614019
33	THIRUSELVAM F/51 W/O SELVAM NO.140/5C. KABILAR STREET ANNA NAGAR VIRUTHACHALAM CUDDALORE
34	R.SHANTHI (F/50) W/O. M.SHANKAR NO.4/14. PERIYAR STREET ADI NAGAR SELAIYUR CHENNAI – 59
	... PETITIONERS in WP No.12347 of 2020
1	P.MALLIGA D/O.PERIYASWAMY SUB-INSPECTOR OF POLICE VEPPUR POLICE STATION CUDDALORE DISTRICT
2	SENTHAMARAI D/O.DEIVAM SUB-INSPECTOR OF POLICE DISTRICT CRIME BRANCH CUDDALORE
3	THILAGAVATHI W/O.NAMMALVAR SUB-INSPECTOR ALL WOMEN POLICE STATION CUDDALORE ... PETITIONER in WP No.18069 of 2018 -VS-
1	THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY HOME (POLICE V) DEPARTMENT FORT ST. GEORGE CHENNAI-600 009.
2	THE DIRECTOR GENERAL OF POLICE DR.RADHAKRISHNAN SALAI MYLAPORE CHENNAI-600 004. ... RESPONDENTS in all WP's

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THE COMMISSIONER OF POLICE NO.132 COMMISSIONER OFFICE BUILDING EVK SAMPATH ROAD VEPERY CHENNNAI – 600007

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... 3^rd RESPONDENT in WP No.12347 of 2020

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THE DEPUTY INSPECTOR GENERAL OF POLICE VILLUPURAM RANGE VILLUPURAM

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... 3^rd RESPONDENT in WP No.18069 of 2018

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Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the proceedings in R.C.No.64762/NGB V (2)/2019 dated 21.01.2020 on the file of the second respondent and quash the same as illegal, incompetent and ultravirus and consequently direct the respondents to advance the petitioners promotion as Head Constables from 01.01.1996 and as SubInspectors of Police from 01.01.2006 and eventually as Inspectors of Police from 01.01.2016.

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WP Nos.10882 & 10884 of 2020:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the Second Respondent proceeding RC no.155117 NGBV(2) 2016 dated 11.08.2017 and quash the same and consequently direct the Respondents to revise the date of Petitioner promotion to the post of Head Constable, by upgradation as 01.04.1986 and the date of her promotion to the post of Sub Inspector of Police as 01.04.1996 and on that basis to consequently include her name in the appropriate place in the appropriate panel for promotion to the post of Inspector of Police and to promote me as such with retrospective effect on par with Men Constables, and grant all consequential benefits inclusive of revised retirement and pensionary benefits in the cadre of Inspector.

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WP No.10887 of 2020:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the Second Respondent proceeding RC no.155117 NGBV(2) 2016 dated 11.08.2017 and quash the same and consequently direct the Respondents to revise the date of petitioner promotion to the post of Head Constable, by upgradation as 01.04.1986 and the date of her promotion to the post of Sub Inspector of Police as 01.04.1996 and on that basis to consequently include her name in the appropriate place in the appropriate panel for promotion to the post of Inspector of

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https://hcservices.ecourts.gov.in/hcservices/

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Police and to promote me as such with retrospective effect on par with Men Constables, and grant all consequential benefits inclusive of revised retirement and pensionary benefits in the cadre of Inspector.

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WP No.10890 of 2020:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the Second Respondent proceeding RC no.155117 NGBV(2) 2016 dated 11.08.2017 and quash the same and consequently direct the Respondents to revise the date of petitioner promotion to the post of Head Constable, by upgradation as 01.04.1986 and the date of her promotion to the post of Sub Inspector of Police as 01.04.1996 and on that basis to consequently include her name in the appropriate place in the appropriate panel for promotion to the post of Inspector of Police and to promote me as such with retrospective effect on par with Men Constables, and grant all consequential benefits inclusive of revised retirement and pensionary benefits in the cadre of Inspector.

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WP No.10894 of 2020:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the Second Respondent proceeding RC no.155117 NGBV(2) 2016 dated 11.08.2017 and quash the same and consequently direct the Respondents to revise the date of petitioner promotion to the post of Head Constable, by upgradation as 01.04.1986 and the date of her promotion to the post of Sub Inspector of Police as 01.04.1996 and on that basis to consequently include her name in the appropriate place in the appropriate panel for promotion to the post of Inspector of Police and to promote me as such with retrospective effect on par with Men Constables, and grant all consequential benefits inclusive of revised retirement and pensionary benefits in the cadre of Inspector.

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WP No.12347 of 2020:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling calling for records relating to the 2nd respondent proceedings made in Rc.No.64762/NGB V(2)/2019 dated 21.01.2020 to quash the same and to consequently directing the respondents to advance the petitioners promotion as Head constable from 01.01.1996 and SubInspector of Police from 01.01.2006 and eventually as Inspector of police from 01.01.2016 with all accrued benefits thereon and pass

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WP No.18069 of 2018:

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Petition filed under Article 226 of the Constitution of

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India to issue a Writ of Certiorarified Mandamus calling calling for the records of the 2nd respondent in connection with the impugned order passed by him in RC No.155117/NGB V(2) 2016 dated 11.8.2017 and quash the same direct the respondents to revise the upgradation of the petitioners in the cadre of Head Constable w.e.f.1.3.1986 and further upgrade the petitioners as Sub-Inspector of Police on 1.4.1996 and consequently promote the petitioners as Inspector of Police based on seniority acquired in the cadre of Sub-Inspector of Police by including the names of the petitioners in the appropriate Panel and grant them all consequential service and monetary benefits

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[Prayer amended as per order of this Court dated 09.03.2020 in W.M.P.No.3605 if 2020 in W.P.No.35498 of 2019]

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For Petitioner : Mr.R.Singaravelan, Senior Counsel in W.P.No.35498/2019 for Mr.R.Jayaprakash

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Mr.M.Ravi – in W.P.No.10882, 10884, 10887,10890 & 10894 of 2020

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Mr.L.Chandrakumar –in W.P.No.12347/2020

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Mr.M.Muthappan - in W.P.No.18069/2018

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For Respondents: Mr.L.S.M.Hasan Fizal, Govt. Adv. (in all WP's)

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C O M M O N O R D E R

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By this common order, all these Writ Petitions are being disposed.

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In these Writ Petitions, the respective petitioners have challenged the respective impugned proceedings issued to them. The petitioners belong to women police services who were recruited during 1981 and 19991 as Grade I Police Constable under the Adhoc Rules framed by the Government of Tamil Nadu to recruit women into the police service.

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The prayer of the all these Writ Petitions reads as under:-

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Sl.	W.P.No.	Number	Prayer	Year of
No.		of Petitio ners		appointm ent
1	18069/2018	3	To call for the records of the second respondent in connection with the impugned order passed by him in RC No.155117/NGB V (2)/2016 dated 11.08.2017 and quash the same and direct the respondents to revise the upgradation of the petitioners in the cadre of Head Constable, w.e.f. 01.03.1996 and consequently promote the petitioners as Inspector of Police based on seniority acquired in the cadre of Sub- Inspector of Police by including the names of the petitioners in appropriate panel and grant them all consequential service and monetary benefits.	1981
2	10882/2020	1	To call for the records on the file of the second respondent proceeding RC No.155117/ NGBV (2)/2016 dated 11.08.2017 and quash the same and consequently direct the respondents to revise the date of her promotion to the post of Head Constable, by upgradation as 01.04.1986 and the date of her promotion to the post of Sub Inspector of Police as 01.04.1996 and on that basis to consequently include her name in the appropriate place in the appropriate panel for promotion to the post of Inspector of Police and to promote her as such with retrospective effect on par with Men Constables, and grant all consequential benefits inclusive of revised retirement and pensionary benefits in the cadre of Inspector.	1981
3	10884/2020	1	-do-	1981
4	10887/2020	1	-do-	1981

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Sl. No.	W.P.No.	Number of Petitio ners	Prayer	Year of appointm ent
5	10890/2020	1	-do-	1981
6	10894/2020	1	-do-	1981
7	35498/2019	15	To call for the records of the proceedings in R.C.No.64762/NGB V (2)/2019 dated21.01.2020 on the file of the second respondent and quash the same as illegal, incompetent and ultravirus and consequently direct the respondent to advance the petitioners promotion as Head Constable from 01.01.1996 and as Sub-Inspector of Police from 01.01.2006 and eventually as Inspector of Police from 01.01.2016.	1991
8	12347/2020	34	To call for the records relating to the second respondent’s proceedings made in Rc.No. 64762/NGB V(2)/2019 dated 21.01.2020 and to quash the same and consequently direct the respondents to advance the promotion of the petitioners as Head Constable from 01.01.1996 and as Sub Inspector of Police from 01.01.2006 and eventually as Inspector of Police from 01.01.2016 with all accrued service benefits thereon.	1991

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By the proceedings dated 21.01.2020 impugned in W.P.Nos.35498 of 2019 & 12347 of 2020, the representations dated 18.11.2019 of the petitioners have been rejected by second respondent with the following observation:-

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As regards the request of the petitioners for revision of their seniority in the rank of Head Constable and to accord consequential service benefits, it is informed that time bound ‘Upgradation Scheme’ was in vogue from the year 1997 followed by the said scheme introduced in the year 1993 and as such,

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the Women Police recruited prior to the year 1993 comes under the purview of Adhoc Rules framed by the Govt. vide G.O. 1^st cited.

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(ii) There is no provision made in the Adhoc Rules framed by Government exclusively for Women Police personnel as well as in the subsequent orders made thereon to upgrade them as Head Constable in a time bound manner by reckoning their date of enlistment as the criteria. This being so, the question of subjecting them to the test for selection to the post of Sub Inspector of Police in the year 2000 does not arise.

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(iii) It is further noticed that similar grievance of the said petitioners had already been rejected vide Chief Office memorandum 5^th cited solely on the grounds that promotion of the above said batch had been given as per the rule provisions. Now, they have again come up with similar request without adding any fresh grounds to consider their claim.

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5.Taking into consideration the above facts and in view of the reasoning mentioned in paras-4 (ii) & (iii) above, the request of the petitioners for revision of seniority in the rank of Head Constable and to accord consequential service benefits is not be feasible for consideration and is therefore rejected.

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By the proceedings dated 11.08.2017 impugned in W.P.Nos.10882, 10884, 10887, 10890, 10894 of 2020 and 18069 of 2018, the representations dated 05.02.2016 & 05.04.2016 of the petitioners have been rejected with the following observation:-

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A close analysis of the aforesaid case with relevant records reveals the following:

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(i) Upgradation scheme was introduced by the Govt. in G.O.Ms.No.1681, Home Department, dated 12.10.1992 in order to remove stagnation of promotion among Men Gr.II PCs, as they had not been elevation for first level promotion even after a period of 15 years of service. Then, the

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Govt. Implemented upgradation scheme in a time bound manner vide G.O.Ms.No.844, Home Department, dated 03.06.1997, further amended in Govt. Lr.No.107160 / Pol.5 / 1997-2, dated 07.01.1998. According to this G.O., Men Gr.II PCs having 10 years of service without getting any promotion may be upgraded as Gr I PCs and Men Police Personnel having 5 years service as Gr. I PCs without getting promotion as HCs may be upgraded as HCs. There is no specific clause in the Adhoc Rules regarding promotion of Women Police by way of upgradation.

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(ii) The batchmates of the said Writ Petitioners (viz) Tvl. Parijatham P. Meenakumari, A Vasanthi& Kalyani were elevated to the post of HC and SI according to the vacancies in the respective Ranges / City and further elevated as IoP as per their State wide seniority in the rank of SI. The Women Police Personnel recruited prior to the year 1993 come under the purview of Adhoc Rules framed by the Govt. vide G.O.Ms.No.2566, Home Dept., dated 01.11.1974.

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In as much as the promotion of Women Police upto the post of SI of Police is based on Range-wise as per Adhoc Rules, the Writ Petitioners cannot compare the promotional / upgradation aspects earned by their counter parts in other Range / City and as well as Men Police personnel.

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Taking into consideration of the reasoning mentioned in proceeding para, it is concluded that the claim of the Writ Petitioners Tvl. R.Amutha& 21 others for revising their date of promotion as HC and SI is not at all feasible for consideration and is therefore rejected.

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The petitioners were appointed as Grade-I Women Police Constables in the year 1981 &1991 in terms of the Adhoc Rules framed by Government exclusively for Women Police Personnel.

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For the sake of convenience, hereinafter, the petitioners shall be referred as 1981 batch Grade-I Women Police Constables and 1991 batch Grade-I Women Police Constables. These

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petitioners who were appointed during 1981 & 1991 respectively seek notional promotion on par with their male counterparts on the ground that there has been a large scale discrimination between the men and the women who joined at about same time in the police service.

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According to the petitioners, they should have been promoted as Head Constable (HC) and Sub-Inspectors (SI) as detailed below :-

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	Batch		Head Constable	Special Sub Inspector / Sub Inspector	Inspector
1981	batch	Gr.I W.	1986	1996	2006
P.Cs.
1991	batch	Gr.I W.	1996	2006	2016
P.Cs.

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It is submitted that though the petitioners are entitled to the promotion in these years, they were promoted belatedly in the following years:-

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	Batc	h	Head Constable	Special Sub Inspector / Sub Inspector	Inspector
1981	batch	Gr.I W.	1996 &	2003 & 2004	2015 & 2019
P.Cs.			1997
1991	batch	Gr.I W.	1999	2009	-
P.Cs.

¶73

Since some of the 1981 batch Grade – I Women Police Constables had attained age of superannuation, they have also retired from service as Sub Inspector of Police.

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The common submission of the learned Senior Counsel, learned counsel appearing for the respective petitioners is that the petitioners are entitled to be promoted on par with their male counterparts who were given promotions in time though notionally, whereas, these petitioners who are women have been denied their promotion in time, as a result of which, the petitioners have been discriminated.

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It is submitted that delay caused by the respondents in granting promotion to the petitioners offends Articles 14, 16 and 21 of the Constitution of India. It is also submitted that in order to solve the problem of stagnation in the constabulary

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rank, the Government had also introduced the upgradation scheme to the police personnel vide G.O.Ms.No.1681, Home (Pol.V) Department, dated 12.10.1992, as per which, the Government decided to upgrade 21,000 posts of Grade II Police Constables as Grade I Police Constables and 4,000 posts of Grade I Police Constables as Head Constables in a phased manner.

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It is submitted that the aforesaid upgradation scheme was not extended to the Women Police Constables and after the representation given by the 1986 batch to the Government, the Government have decided to upgrade the Women Police Constables on par with the other Police Constables who come under the Tamil Nadu Police Subordinate and Tamil Special Police Subordinate Service Rules.

¶79

It is submitted that the respondents had rejected the representations of the petitioners stating that there is no provision in the Adhoc Rules framed by the Government exclusively for Women Police Personnel to be promoted and hence the question of subjecting the petitioner to the test for selection to the post of Sub Inspector of Police earlier did not arise.

¶80

It is submitted that the discrimination perpetrated by the respondents had caused an irreparable loss and hardship to the petitioners and denial of legitimate expectations of the petitioners as compared to their male counterparts who were promoted as Head Constable they were appointed as Grade I Police Constables.

¶81

It is also submitted that due to the delay, the juniors of the petitioners have marched over them and got promotions ahead them which is impermissible under the service jurisprudence. It is also submitted that in normal course, a Grade II Police Constable on completion of 25 years of service (i.e. 10 years of service as Grade II P.C., 10 years of service as Grade I P.C., and 5 years of Service as Head Constable) is entitled to be promoted as a Special Sub Inspector of Police as per the upgradation policy.

¶82

It is therefore submitted that since the petitioners were appointed as Grade I Police Constables should have been promoted as Head Constables on completion of 10 years of service and thereafter as Special Sub Inspectors of Police / Sub Inspectors of Police and therefore, the impugned orders denying

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the benefit to the petitioners their right to be promoted are liable to be interfered by notionally advancing the date of promotion and conferring appropriate promotion on par with their male counterparts.

¶85

In support of the present Writ Petitions, the petitioners have drawn reference to various Government Orders, wherein, the Government itself took note of the fact that the Police Constable who were recruited from 1974 onwards were stagnating in the same posts or with only one promotion.

¶86

It is submitted that the Government itself has recognised the anomaly and thus given promotion to the male counterparts of the petitioners with retrospective effect. However, this benefit has been denied to the Women Police personnel like petitioners.

¶87

In support of the present Writ Petitions, the learned counsel relied on the following decisions:-

¶88

i. R.Ulaganathan Vs. State of Tamil Nadu, rep. by the Home Secretary, in W.A.No.47 of 2014 and batch, dated 30.08.2019.

¶89

ii.K.Rajagopalan Vs. The President – cum – Deputy Commissioner, Washermenpet, Greater Chennai Police, in W.P.No.18459 of 2013, dated 15.03.2019.

¶90

iii.S.Parthiban and others Vs. Secretary to Government, Home Police Department, Government of Tamil Nadu, (2020) 2 MLJ 165.

¶91

iv.A.Muniyammal and others Vs. The Inspector General of Police, South Zone, Madurai Dist., in W.P. (MD) No.10989 of 2010, dated 11.11.2014.

¶92

Appearing on behalf of the respondents, the learned Government Advocate Mr.L.S.M.HasanFizal submits that as the Women Police Constables who were appointed upto 1992 are governed by the Adhoc Rules. It is submitted that initially the upgradation scheme was not extended to them and subsequently, based on the representations given by the Grade I Women Police Constables appointed in the year 1986, this scheme was extended to women police.

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He further submits that there is no provisions in the Adhoc Rules framed by the Government, exclusively for Women Police personnel as well as in the subsequent Government Orders made thereon to upgrade the Women Police as Head Constable in a time bound manner by reckoning their date of enlistment as the criteria.

¶95

The learned Government Advocate further submits that G.O.Ms.No.937, Home Department, dated 21.07.1998 pertains to upgradation of Police personnel as a Special Sub Inspector of Police and the case of the petitioners cannot be considered as per the G.O. He referred to a decision of the Division Bench of this Court in R.Ulaganathan Vs. State of Tamil Nadu, rep. By the Home Secretary, in W.A.No.47 of 2014 batch, dated 30.08.2019.

¶96

I have considered the arguments advanced by the learned Senior Counsel and learned counsel for the respective petitioners and the learned Government Advocate appearing for the respondents.

¶97

The point for consideration in these Writ Petitions is whether the petitioners who were directly appointed as Grade I Women Police Constables in the years 1981 & 1991 are entitled to have same privilege as that of the male counterparts who were serving as Grade I Police Constables at about the same time when the petitioners were appointed in these years and were given promotions notionally earlier than the petitioners?

¶98

The direct recruitment of Grade I Police Constable was introduced in the year 1972. The direct recruitment of Grade I Police Constables for Men was conducted in the years 1972 and 1974. Thereafter, there was no direct recruitment for Men for some time.

¶99

The direct recruitment of Grade I Police Constables for Women was for the first time held in 1981 and thereafter in 1986 and later 1991 under the Adhoc Rules framed by the Government on 05.12.1973.

¶100

As per the Adhoc Rules, there is no avenue for appointment of Women as Women Police Constable Grade - I directly through Direct Recruitment. The post of Women Police Constable Grade – I was a promotional post. The method of appointment prescribed under the Adhoc Rules is as under:-

¶101

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¶102

¶103

CATEGORY METHOD OF APPOINTMENT

¶104

i Woman Sub Inspector (a)By Direct Recruitment (b)By Recruitment by transfer from any other service (c)By promotion from the holders of the post of Woman Head Constables.

¶105

Provided that promotion shall not be more than 30% of the cadre (G.O.Ms.No.2276, Home (Pol.III) Dept. dt. 26.9.81)

¶106

ii Woman Head Constables By promotion from the category of Woman Police Constable Gr.I

¶107

iii Woman Police Constable By promotion from the category Grade I of Women Police Constables Grade II

¶108

iv Women Police By direct recruitment Constables Grade II

¶109

There was no scope for appointing the petitioners as Women Police Constable Grade I directly. Thus, the appointment to the post of Women Police Constable Grade I was only to be by way of promotion from the category of Women Police Constables Grade II.

¶110

However, in G.O.Ms.No.2566, Home Department, dated 01.11.1974, the distinction between the Grade I and Grade II Women Police Constables was blurred. Relevant portion from G.O.Ms.No.2566, Home Department, dated 01.11.1974 is reproduced below:-

¶111

The General and Special Rules applicable to the holders of the permanent posts in the Tamil Nadu Police Subordinate Service shall apply to the holders of the temporary posts of Women Sub Inspectors, Head Constables and Police Constables sanctioned from time to time in the Police Department, subject to the modification

¶112

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¶113

specified in the following rues:

¶114

2. CONSTITUTION

¶115

The posts shall constitute a distinct category in the said class of the said service.

¶116

Following qualification was prescribed for women in Rule 5 of the Notification in G.O.Ms.No.2566, Home Department, dated 01.11.1974:-

¶117

5. QUALIFICATIONS:

¶118

i. AGE: No person shall be eligible for appointment to the post by direct recruitment unless she possesses the following age limit, namely:-

¶119

CATEGORY	QUALIFICATION
i Woman Sub Inspector	Must have completed 20 years of age as on 1^stJuly of the year of recruitment
	Provided that the upper age limit shall be 35 years instead of 30 years for the appointment by direct recruitment of a candidate who is a member of a Schedule Caste or a Schedule Tribe. Provided also, the upper age limit shall be 49 years for appointment for promotion.
ii Woman Police Constables	Must have completed 18 years of age and must not have completed thirty years of age. Provided further that the upper age limit shall be 35 years for the appointment of a candidate who is a member of a Schedule Caste or a Schedule Tribe.

¶120

(b) Other Qualifications:- No person shall be eligible for appointment to the post otherwise than by promotion unless she possesses the following qualifications:-

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¶122

¶123

CATEGORY QUALIFICATION

¶124

i Woman Sub Inspector (i) Direct recruitment

¶125

All the candidates including candidates belonging to candidates belonging to Schedule Caste/Schedule Tribe/Backward class/Most Backward Class and Denotified Tribe shall possess degree either in Tamil or English medium of any university recognized by the U.G.C. They must also possess sound knowledge to speak, read and write in Tamil.

¶126

(ii) Promotion Experience for a period of not less than four years as Women Head Constable ii Woman Police S.S.L.C. of old pattern or of Constables the new pattern of the State

¶127

Even though the expressions “Grade I and Grade II” were deleted in G.O.Ms.No.2566, Home Department, dated 01.11.1974, anomaly still continued in as much as the expression Grade II remained to be there in the Category (iii) and (iv) of Rule 3 of Adhoc Rules.

¶128

The qualification of Grade I Women Police Constable under the Adhoc Rules is same as the qualification prescribed and applied for Men as Grade II Police Constable under the Tamil Nadu Police Subordinate Service Rules.

¶129

The petitioners were to be otherwise first recruited/appointed only as Grade II Police Constable and thereafter were to be promoted to the post of Grade I Women Police Constables and later as Head Constables but for the intervention under G.O.Ms.No.2566, Home Department, dated 01.11.1974.

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https://hcservices.ecourts.gov.in/hcservices/

¶131

It was intended to designate the direct recruitee like the petitioners as Women Police Constable as otherwise the promotional post of Women Police Constable Grade I would have remained unfilled and vacant for the first ten years under the Adhoc Rules after recruitment began in 1981 for the women.

¶132

The blurring of the distinction between the post of Grade I and Grade II Women Police Constables was made when the recruitment of women into police service was at its infancy during 1981 and 1991. The blurring of the distinction between the post of Grade I and Grade II Women Police Constable was merely to designate Women Police Constables as a separate class and was not intended to confer any special advantage to them.

¶133

The qualification for appointment to the post of Grade II Police Constable was a pass in S.S.L.C (10^th Standard) for men and therefore, persons like the petitioner who were appointed as Women Constables cannot be given a special advantage. In fact, conferring earlier promotion notionally to the petitioner would result in unfair advantage to them as compared to their male counterparts.

¶134

G.O.Ms.No.937, Home (Police III) Department, dated 21.07.1998 clarified that a Police Constable must have completed about 25 years of service including 10 years of service as a Head Constable to be promoted as a Special Sub Inspector as detailed below:-

¶135

10	Years	5 Years	10 Years	Special Sub
Grade Consta	II Police ble	Grade I Police Constable	Head Constable	Inspector of Police

¶136

Only Grade I Police Constable (Men) appointed through direct recruitment in year 1974 were exempted from completion of 25 years of service when the above G.O. was issued as they had completed served 10 years of service as Head Constable but had completed 24 years service in the police department. There was a special relaxation for 1974 batch of Grade I Men Police Constables alone.

¶137

It should be also recalled that based on the announcement made by the then Hon’ble Chief Minister of the State before the Assembly Meeting held on 25.05.1998, a decision was taken to create a new post of the Special Sub Inspector of Police in the Police Department due to the lack of vacancies to promote a large number of Head Constables as Sub Inspectors of Police.

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¶139

Thus, G.O.Ms.No.937, Home (Police III) Department, dated 21.07.1998 was issued. The purpose of creating the post of Special Sub Inspector of Police was to give parity in the pay scale in the post of Special Sub Inspector of Police and the Sub Inspector of Police. Thus, the recruitments made earlier were streamlined.

¶140

The petitioners who were otherwise to be appointed as Women Police Constables Grade II were merely designated as Women Police Constables. The petitioners did not possess any other additional qualifications when were also to be appointed first as Women Police Constables through direct recruitment either in the year 1981 and 1991 as compared to their male counterparts who were first recruited as Grade II Police Constable and thereafter promoted as Grade I Police Constable.

¶141

If at all, the petitioners who were appointed as Women Police Constables Grade through direct recruitment either in the year 1981 and 1991 can compare themselves with their male counterparts who were recruited as Grade II Police Constable. The age and educational qualification for both the post are same.

¶142

Merely because the Government at that point of time thought it fit to blur a distinction between the post of Grade I and Grade II Women Police Constables and thus directed for deletion of the word and figure “Grade II” shown against Women Police Constables in Rule-2 of the Adhoc Rules vide G.O.Ms.No.2566, Home Department, dated 01.11.1974 cannot be interpreted to mean that the petitioners should be given undue advantage over their male counterparts or should be treated on par with Grade I Men Police Constables who would have served 10 years as Grade II Police Constables.

¶143

The said G.O.Ms. clarified that a Police Constable would require about 25 years of service including the 10 years of service as a Head Constable to be promoted to the post of Special Sub Inspector and since there was no scope for promoting large number of Head Constable as Sub Inspectors of Police due to the lack of vacancies, the post of Special Sub Inspector of Police was being created.

¶144

Further, a male counterpart of the petitioners who would have joined in the years in 1981 and 1991 as Grade II Police Constable would have taken 25 years to be promoted as a Special Sub Inspector of Police. The following chart by way of illustration will demonstrate the same:-

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¶146

Recruitmen	10 Years	5 Years	10 Years
t Year				Special Sub
	Grade II Police	Grade I Police	Head Constable	Inspector of Police
	Constable	Constable
1981	1981-1990	1991-1995	1996-2005	2006
1991	1991-2000	2001-2005	2006-2015	2016

¶147

As per the above G.O, a total of 25 years of service was must to promote a Head Constable as a Special Sub Inspector of Police. The G.O. further clarified that since the Grade I Police Constables appointed in the year 1974 through direct recruitment had not completed their 25 years of total service when the G.O. was issued though they would have completed 10 years of service as Head Constables, exemption was given to them only from the 25 years of total service while promoting as Special Sub Inspector of Police.

¶148

Therefore, Grade I Police Constables appointed in the year 1974 through direct recruitment were promoted as Special Sub Inspectors of Police without their completing 25 years of service.

¶149

Persons who were recruited under the Special Rules for Tamil Nadu Police Subordinate Service, the Tamil Nadu Special Police Subordinate Service Rules, 1978 and Adhoc Rule are to be treated on par with each other based on their qualification at the entry level and experience in the service. The qualifications to the Post of Grade II Police Constable under the respective Rules, viz. the Special Rules for Tamil Nadu Police Subordinate Service, the Tamil Nadu Special Police Subordinate Service Rules, 1978 and Adhoc Rule, are one and the same after 1978.

¶150

The petitioners who were appointed as Women Police Constables are to be treated on par with their male counterparts at the entry level post of Grade II Police Constable and not as Grade I Police Constable.

¶151

The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), which was later constituted in November, 1991 vide G.O.Ms.No.1806, Home (Ser.F) Department, dated 29.11.1991 for the recruitment of personnel for the Uniformed Services like Police, Prison and Fire and Rescue Services, has streamlined the method of direct recruitment to various posts in the above Uniformed Services.

¶152

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¶153

Until about 2006, the police personnel who were appointed as Police Constables Grade I and II, after completing their requisite years of service as Constables and Head Constables, had to participate in the test conducted by Range Promotion Board.

¶154

The Government of Tamil Nadu by G.O.(Ms.) No.1055, Home (Police III) Department, dated 01.11.2006 decided to scrap the Range Promotion Board as large scale of irregularities and nepotism were noticed in the tests conducted by the Range Promotion Board.

¶155

ORDER

¶156

While replying to the discussion relating to the “Demand No.22- Police” on 30.08.2006 in the Legislative Assembly, the Hon’ble Chief Minister has made, among others, the following announcement:-

¶157

29/ jkpH;ehL fhty;Jiw rhu;g[g; gzp rpwg;g[ tpjpapd; go ruf gjtp cau;t[f;fhd thhpak;. vGj;Jj; nju;ita[k;. vGj;Jj; nju;tpy; btw;wp bgw;wtu;fSf;F clw;gapw;rpj; nju;t[fs; cs;spl;l neuoj; nju;t[fisa[k; elj;jp. mjpy; nju;r;rp bgw;w jiyikf; fhtyu;fis cjtp Ma;thsu;fshf (cs;S:u; kw;Wk; Ma[jg;gil) gjtp cau;t[ mspf;f nju;e;bjLf;Fk; Kiw jw;nghJ cs;sJ/

¶158

fhty; Jiwapy;. cjtp Ma;thsu; gzpf;Ff; fPnH cs;s gjtpfSf;Nfh> cjtp Ma;thsH gzpf;F Nky; cs;s gjtpfSf;nfh ,j;jifia gjtp cau;t[f;fhd nju;t[fs; elj;jg;gLtjpy;iy. vdnt. jiyikf; fhtyu;fs; kl;Lnk gjtp cau;t[f;fhd nju;t[fisj; jw;nghJ vGjp tUfpd;wdu;/

¶159

,j;jifa nghf;F jiyikf; fhtyu;fs; kj;jpapy; mjpUg;jpia Vw;gLj;jpa[s;sJ/

¶160

gzpK:g;g[ kw;Wk; gzpg; gjpntLfis Mjhukhff; bfhz;L. ,ju gjtpfSf;F gjtp cau;t[ mspg;gijg; nghd;W ,tu;fSf;Fk; gjtp cau;t[ mspf;f ntz;Lk; vd;w nfhhpf;if jiyikf; fhtyu;fspilna ePz;l gy Mz;Lfshf ,Ue;J tUtijnaw;W. ,e;j muR ,dp jiyikf; fhtyu; gjtpapypUe;J cjtp Ma;thsuhf gjtp cau;t[f;F eilngWk; nju;t[ Kiwia uj;J bra;fpwJ/

¶161

https://hcservices.ecourts.gov.in/hcservices/

¶162

In pursuance of the announcement made by the Hon’ble Chief Minister, the Director-General of Police has sent necessary draft notification for amending the rule 3 (d) (iii) of the Special Rules for the Tamil Nadu Police Subordinate Service insofar as it relates to deleting of the Range Promotion Board tests conducted to Head Constables/Head Constables (Armed Reserve) for promotion as Sub-Inspectors of Police/SubInspectors of Police (Armed Reserve).

¶163

The Government, after careful examination of the proposal of the Director-General of Police, have decided to accept the same. They accordingly direct that the provision relating to conduct of Range Promotion Board tests, viz., written test and viva-voce examination including drill test to Head Constables/Head Constables (Armed Reserve) for promotion as SubInspectors of Police/Sub-Inspectors of Police (Armed Reserve) in rule 3 (d) (iii) of the Special Rules for the Tamil Nadu Police Subordinate Service be deleted. Consequently, the Government direct that promotions to the Head Constables/Head Constables (Armed Reserve) as Sub-Inspectors of Police/Sub-Inspectors of Police (Armed Reserve) be granted based on seniority and service records.

¶164

Necessary amendments to the Special Rules for the Tamil Nadu Police Subordinate Service will be issued separately by the Government in the Home (Police.VI) Department.

¶165

As far as the 1991 batch Grade I Women Police Constables are concerned, they have been given promotion as Head Constables in the year 2003 and 2004 and thereafter, it was decided to notionally upgrade them as Head Constable with effect from the year 1999 without monetary benefits and thereafter, they were promoted as Special Sub Inspectors of Police in 2009 with monetary benefits from the date of G.O as a onetime measure and as a special case in terms of G.O.(Ms.) No.152, Home (Police III) Department, dated 25.02.2011.

¶166

Under Adhoc Rules read with Notification given in G.O.Ms.No.2566, Home Department, dated 01.11.1974, exemption was

¶167

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¶168

given to the General Rules inasmuch as the aforesaid Rule was announced for the first time in the year 1974 with effect from 05.09.1973.

¶169

At that point of time, there was no scope for promotion to the post of Women Police Constable Grade I and therefore, it was construed that there was no necessity to distinct between the Grade I and Grade II Police Constables as the word and figure “Grade II” were against the Women Police Constables.

¶170

Further, the appointment under Adhoc Rules as notified by G.O.Ms.No.2566, Home Department, dated 01.11.1974 was intended to create a temporary post for the Women Police Wing in the Madras City. The issue of aforesaid G.O.Ms.No.2566, Home Department, dated 01.11.1974 proceeded the issue of G.O.Ms.No.2382, Home Department, dated 05.09.1973,

¶171

G.O.Ms.No.1048, Home Department, dated 27.04.1974 and Rc.No.39409/SR.2/73 of the Inspector General of Police, dated 01.11.1973 & 23.04.1974.

¶172

The qualification prescribed for the Women Police Constable which was amended by G.O.Ms.No.1203, Home (Police III) Department, 08.08.1995 was a mere pass in S.S.L.C. The petitioners were appointed with a minimum S.S.L.C. pass. Therefore, the petitioners cannot claim any advantage.

¶173

If the arguments of the learned counsel for the respective petitioners are accepted, the petitioners being appointed as Women Police Constables will be entitled to be promoted as Head Constables within 5 years and thereafter as Special Sub Inspectors / Sub Inspectors of Police within a period of next 10 years, whereas, their male counterparts would take about 25 years to be promoted as Special Sub Inspectors / Sub Inspectors of Police.

¶174

As the petitioners who were appointed as Women Police Constables through direct recruitment in the years 1981 and 1991 were promoted as Head Constables in the years 1996 & 1997 and 1999 and as Sub Inspectors of Police in the years 2003 &2004 and 2009 respectively are concerned, they cannot claim any further benefit merely because they were recruited as Women Police Constables.

¶175

It would be fallacious to treat the petitioners as superiors to their male counterparts who were appointed as Grade II Police Constables as the appointment of the petitioners in the years 1981 and 1991 was only at the entry level with a minimum educational qualification of SSLC.

¶176

If the contention of the petitioners are accepted, an

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¶178

anomalous situation would arise. Following Chart demonstrates the position:-

¶179

	Batch	Head Constable	Special Sub Inspector / Sub Inspector	Inspecto r
1981	batch Gr.I	W. 1986	1996	2006
P.Cs.
1991	batch Gr.I	W. 1996	2006	2016
P.Cs.

¶180

It would confer undue advantage on the petitioners. The Government of Tamil Nadu had already considered the case of the petitioners by promoting the 1981 batch Women Police Constables as Head Constables with effect from the years 1996 & 1997 and the 1991 batch Women Police Constables as Head Constables with effect from the year 1999 and thereafter by promoting as Sub Inspector with effect from the years 2003 & 2004 and 2009 respectively. They also have been given notional benefits in terms of G.O.(Ms.) No.152, Home (Police III) Department, dated 25.02.2011.

¶181

Therefore, the petitioners cannot claim to be similarly placed persons as that of their male counterparts who were recruited in the bottom at the entry point of time as Grade II Police Constables and thereafter upgraded as Grade I Police Constables at the end of 10 years as Grade II Police Constables merely based on their designations.

¶182

In the light of the above, there are no merits in these Writ Petitions and they therefore deserve to be dismissed. The petitioners are however given liberty to approach the respondents for appropriate relaxation.

¶183

Accordingly, these Writ Petitions are dismissed. No cost. Consequently connected Miscellaneous Petitions are closed.

Sd/-

Deputy Registrar(CS)

//True Copy//

Sub Assistant Registrar

¶188

jen

¶189

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¶190

¶191

The Secretary to Government, Home Department, (Police – V) Secretariat, Fort St. George, Chennai – 600 009. 2. The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004. 3. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 600 007. 4. The Deputy Inspector General of Police, Villupuram Range, Villupuram. +1cc to Mr.M.Ravi, Advocate, S.R.No.67752 +1cc to Mr.M.Muthappan, Advocate, S.R.No.67245 +1cc to Mr.R.Jayaprakash, Advocate, S.R.No.67334 +2ccs to Mr.L.Chandrakumar, Advocate, S.R.No.67165 +1cc to the Government Pleader, S.R.No.67971

¶192

Common Order in W.P.No.35498 of 2019 and etc. batch

¶193

EV(CO) SU(27/12/2021)

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A.v.Sophia v. The Secretary

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A.v.Sophia v. The Secretary

Case brief

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