CHENNAI: The Madras High Court has set aside an order, dated February 13, 2007, of the DIG of Police (Technical Services) in respect of the Sub-Inspectors of Police (Technical).
Justice V Parthiban, who quashed the seniority list, also set aside an order, dated March 10, 2010, of the officer, refusing promotion to PK Murugan of Virudhunagar and directed the authorities concerned to re-cast his seniority and that of similarly placed persons on the basis of the marks obtained by them in the technical training as provided for under Rule 10(b) of the ad hoc rules by harmonious reading of Rule 25(a) of the Special Rules with the ad hoc rules on the basis of underlying principle of purposive interpretation in the larger interest of the Police department. Such exercise shall be completed by the department within 10 weeks, the judge said.
On Friday, he was allowing a writ petition from Murugan, who was appointed in 2001.
The petitioner sought to quash the 2007 and 2010 orders and prayed for a consequential direction to re-fix his seniority in the cadre of Sub-Inspector (Technical) only on the basis of his marks obtained in the suitable test conducted in the Police Telecommunication Branch,
Technical Training School, as per Rule 10(b) of the ad hoc Rules relating to the posts of the technical categories of the Police Telecommunication Branch in Tamil Nadu.
The judge said that the assignment of seniority on the basis of marks obtained in the training, as provided under Rule 10(a) of the ad hoc rules, alone cannot stand the test of judicial scrutiny. The same does not, in any way, advance the object sought to be achieved. The interpretation of the rules must be purposive and must have rational meaning while the same is implemented.
In the instant case, application of Rule 25(a) of the Special Rules is not only unreasonable and arbitrary, but, irrational too, which cannot be accepted as a tenable administrative exercise. For all these reasons, the impugned 2007 seniority list and also the 2010 rejection order are quashed, the judge said.