GLIMPSE OF A LATEST VERDICT* *W.P. 21154/2011* R. Suresh Kumar Dated: 24.02.2021 *Hon’ble Justice R. Suresh Kumar* was pleased to dispose of the Writ Petition and directed the Respondents to consider the candidature of the
*GLIMPSE OF A LATEST VERDICT*
*W.P. 21154/2011*
R. Suresh Kumar
Dated: 24.02.2021
*Hon’ble Justice R. Suresh Kumar* was pleased to dispose of the Writ Petition and directed the Respondents to consider the candidature of the Petitioner for the post of Inspector of Police and include her name in the “C” List and accordingly confer promotion notionally in the matter relating to *“Non-consideration of Promotion to the Inspector of Police”* and further held the following:
i) A Government Letter dated 07.10.2005 consisted of a set of instructions regarding preparation of panel for promotion, the theory of check period was brought in, whereby, those who suffered with the punishment of censure will have a check period of one year, within which, he or she may not be considered for promotion and for other penalties and punishments, the check period is for five years. The validity of the same was considered by the Hon’ble Full Bench of the High Court of Madras in the matter of The Deputy Inspector of Police Vs. V. Rani [2011 (3) CTC 129]. It was held that the impugned Government Letter dated 07.10.2005 can never be treated as Statutory Rules at all.
ii) When the Letter dated 07.10.2005 of the Government, in unequivocal terms having been declared by the Full Bench as unenforceable, the stand that till such a declaration is made by the Full Bench, the effect of the said Letter dated 07.10.2005 would be enforceable, is absolutely against the spirit of the judgment of the Full Bench.
iii) It is the settled proposition of Law that once the Constitutionality of Government Orders or Government Letters are questioned before the Court of Law and the Courts held that such Government Orders and Government Letters are unenforceable or declared to be unconstitutional, the effect of such declaration would date back from the date actually a Statutory Rule, Regulations, Government Orders and Government Letters issued came into force.
iv) Therefore, the petitioner is entitled to get inclusion in the ‘C’ list and consequently, also be entitled to get promotion along with the other eligible persons who got promotion.
