Madras HC grants relief to police personnel who were part of task force formed to catch Veerappan

Granting relief to police personnel who were part of the Special Task Force (STF) constituted by the government to nab forest brigand Veerappan, the Madurai Bench of the Madras High Court said the State govt. should not recover the benefits derived by them during their service as Sub-Inspectors (SIs) from the date of their promotion.

The court was hearing the appeals filed by the police personnel against an order of the Single Bench of the court. The appellants challenged a G.O. and the consequential order reverting them to a lower post. The Single Bench of the court had dismissed their petitions. The appellants were originally appointed as constables in 2002. They were promoted as Naik in 2004. Thereafter, within a short span of about five months, they were promoted as Havildar on a temporary basis. At the time of promoting the appellants on temporary basis, it was clearly indicated that the promotions were purely on a temporary basis, and the same will not confer any right or merit to further promotion etc.,

It was further informed that their promotions were ordered in view of the exigencies to fill up vacancies arising due to exodus of personnel on transfer from TSP VI Battalion to City/District AR and this temporary promotion shall not confer any right or merit to further promotion.

Following the killing of Veerappan and his gang in 2004, the government issued a G.O., granting one stage accelerated promotion to over 900 police personnel of various ranks. Later, the government issued a G.O in 2007 clarifying the position that the accelerated promotion is not extended to accelerate seniority and indicated that the seniority between the accelerated promotees and general promotees in the promoted category shall continue to be governed by their panel position.

At no stage shall accelerated promotion confer accelerated consequential seniority on an individual, since such promotion is only for one stage. The appellants who were granted accelerated promotion and promoted as SIs were reverted to the rank of Naik in 2009 as they were officiating only on a temporary basis at the time of grant of accelerated promotion. The G.O. and the consequential reversion orders were challenged.

A Division Bench of Justices N. Sathish Kumar and M. Jothiraman said on a combined reading of the rules governing temporary appointments and the original promotion rules, it is evident that for promotion as Naik, a candidate must have completed two years of service in the rank of Grade II Police Constable, and for promotion as Havildar, he must be an approved probationer in the cadre of Naik.

However, the appellants were promoted as Havildar from Naik within a short span, immediately after their temporary promotion and without being approved probationers, which is contrary to the rules. Therefore, merely because accelerated promotions were mistakenly granted, the appellants cannot now contend that they are entitled to seniority on that basis. Consequently, they were rightly reverted. Accelerated promotion is, in fact, intended to be granted only against a substantive vacancy, the court said.

The State told the court that it had taken a stand that since the appellants already worked as SIs and were eligible for regular promotion to the post only from May 23, 2023, their positions would not be reverted. The court said it was of the view that since the promotion was wrongly granted by the State, and as the appellants also participated in risky operations as part of the STF, all the benefits derived by the appellants during their service as SIs from the date of their promotion should not be recovered by the State.