“Took A Larger Risk”: Madras High Court Directs Authorities To Consider Granting Accelerated Promotion To Constable Assigned To Collect Information About Veerappan

Justice K Kumaresh Babu observed that the authorities had already given accelerated promotion to another Sub-Inspector of the Special Branch assigned with a similar task. The court noted that Sumathi had taken a larger risk and performed a better duty and thus declining promotion to her would be discriminatory and violative of Article 14 of the Constitution.

“I am of the view that she had taken a larger risk and performed a better duty than the said Rajavel and therefore, her claim cannot be rejected on the basis that it is her regular task that should be performed by a Q Branch. If such a decision is taken, the same would be arbitrary and discriminatory and violation of principles of Article 14 of the Constitution. Therefore, the said ground upon which the claim of the petitioner had been rejected is interfered with,” the court observed.

The court was hearing a petition filed by Sumathi challenging an order of the Director General of Police rejecting her representation for accelerated promotions under various Government Orders. Sumathi informed the court that she joined the police Department in the year 1997 as a Grade II Constable and was later promoted to Grade I Constable.

She submitted that while she was working at Krishnagiri Armed Reserve, she was assigned to collect information about Veerappan and for this, she, along with her husband had shifted her residence to a village where Veerappan's wife Muthulakshmi resided.

Sumathi submitted that after Veerappan's death, the Government had accorded accelerated promotions to various Police Personnel who were involved in the task of eliminating the forest brigade and his associates. However, Sumathi's request for the same was rejected saying that she belonged to the Q Branch of CID and was thus bound to perform her duties.

Claiming that the reasons assigned were without merits, Sumathi argued that Rajavel, a similarly placed person was given such a promotion.

The Additional Government Pleader, on the other hand, contended that since Sumathi was working in the Q Branch, which was a Special Branch specially assigned with the nature of work which involves various risks, she was duty bound to perform the regular duty and had not performed any special task. It was also submitted that the policy decision was scrapped and later while reintroducing the promotion, had constituted a committee for awarding accelerated promotion.

Thus, it was submitted that if there was any grievance, Sumathi could approach the Committee.

The court noted that while Rajavel, who was also assigned the task of getting information had been given accelerated promotion, Sumathi had even moved to the village and had taken a larger risk. The court also noted that the reasons assigned by the authorities to reject promotion to Sumathi were violative of the principles enumerated in Article 14 of the Constitution.

Thus, the court directed Sumathi to make a representation to the Committee constituted by the Government and directed the Committee to pass appropriate orders.

Counsel for the Petitioner: Mr.G.Bala for M/s.Bala & Daisy

Counsel for the Respondents: Mr.S.Ravichandran, Additional Government Pleader

Citation: 2023 LiveLaw (Mad) 393

Case Title: R Sumathi v Secretary to Government

Case No: W.P.No.25635 of 2010