Case Title: R Sumathi v Secretary to Government
Case No: W.P.No.25635 of 2010
Decided on: 01st November, 2023
CORAM: THE HON’BLE MR. JUSTICE K. KUMARESH BABU
Facts of the Case
Police officer Sumathi filed a petition against the Director General of Police’s decision to deny her request to be considered for rapid promotions under many government orders. She explained that she began her career in law enforcement in 1997 as a Grade II Constable and was subsequently upgraded to Grade I Constable. Sumathi said that she was given the responsibility of gathering information regarding infamous criminal Veerappan while she was serving with the Krishnagiri Armed Reserve. She moved to a village where Veerappan’s wife, Muthulakshmi, resided with her husband in order to complete her mission.
Several police officers involved in dismantling the forest brigade and Veerappan’s accomplices received expedited promotions from the government following Veerappan’s death. But Sumathi’s plea was denied, with the reason given that she was supposed to be performing her regular responsibilities and was assigned to the Q Branch of the CID. Citing a similar situation in which Rajavel, in a similar position, was offered an accelerated promotion, Sumathi contended that the reasons given were unfounded. Sumathi’s work in the Q Branch entailed inherent hazards, the Additional Government Pleader countered, and she hadn’t taken on any unique tasks. The official added that the policy decision had been rescinded and then reinstated, along with the creation of a committee to manage expedited promotions. If Sumathi was unhappy with the outcome, she was advised to contact this committee.
Legal Provisions
Article 14 of the Constitution of India deals with the right to equality before the law and the equal protection of laws. In the context of this case, it would be relevant to assess whether the denial of accelerated promotion to Sumathi, while granting it to a similarly situated individual, constitutes arbitrary and discriminatory treatment.
Issues
Is the denial of accelerated promotion to Sumathi, a Grade I Constable, based on the argument that her regular tasks fall under the purview of the Q Branch, discriminatory and in violation of Article 14 of the Constitution?
Courts analysis and decision
According to the High Court, Sumathi’s request for an expedited promotion shouldn’t be denied based only on her normal responsibilities at the Q Branch. According to the court, Sumathi outperformed Rajavel, the Sub-Inspector who had been promoted earlier, by taking on a greater risk. It would be deemed discriminatory and arbitrary to reject Sumathi’s promotion based on her normal tasks, as this would go against the values entrenched in Article 14 of the Constitution. The court intervened because it believed that Sumathi had provided excellent service in gathering important information regarding Veerappan, and that her claim should have been given due consideration.
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Written by- Rupika Goundla
