Writ Petition No. 8982 of 2021 · Madrasdated High Court · 2025

Writ Petition No.8982 of 2021 Police28 J.Prabhu S/o.Janakiraman HC 1209 Puthur P.S Cuddalore District29 K.Palanivel S/o.Kandasamy HC 1788 Deevattipatti P. S Salem District30 S.Sridharan S/o.C.K.Subramaniam HC 2357 B-2 R. S.puram P.S Coimbatore City31 V.Saravana Kumar S/o.Veluswamy HC 2073 SBCID Coimbatore City32 T.Neelakandan S/o.N.ThanuvanThambi HC 2535 CCS Nagercoil Kanyakumari District33 V.Sreejith S/o.P.C. Velayudhan HC 1820 D-2 Selvapuram PS Coimbatore City34 P.Ramesh S/o.K.Periyasamy HC 906 KarungalPalayam P.S Erode District35 D.Hariraj S/o.K.Duraisamy HC 1628 Avinasi P.S. Tiruppur District36 P.Gopalsamy S/o.Perumalsamy HC 914 Cantonment Crime P.S Trichy CityPage No:4/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 202137 K.Manikandan S/o.A.Kannann HC 2944 PEW Trichy City38 G.Krishnamoorthy S/o.S.GhanaSambantham HC 2952 K.K. Nagar P.S Trichy City39 .Karthikeyan.J S/o..M.Jayapal HC 2943 Srirangam Traffic P.S Trichy City40 M.Rajesh S/o.K.G.Mohan HC 2942 Traffic North Investigation P.S Trichy City41 K.Sekar S/o.Kandasami HC 2941 PEW Trichy City42 M.Vengatachalam S/o.Munusamy HC 127 Mathikonpalayam P.S Dharmapuri District43 N.Thiyagu S/o.A.M.Nachimuthu HC 250 Special Task Force Sathyamangalam Erode District44 M.Prabakaran S/o.A.Muthusamy HC 129 Adhiyamankottai P.S Dharmapuri District45 A.Elangovan S/o.K.Ammasi HC 1239 Salem Railway P.S Chennai Railway District46 S.SaravananPage No:5/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021 S/o.S.Sampath HC 595 Armed Reserve Thiruvannamalai47 S.SathishBabu S/o. P.Shanmugam HC 201 New Town PS Cuddalore District48 S.Gunaseelan S/o.Selvaraj HC 466 OCIU Villupuram Range Cuddalore District49 K.Jinesh S/o.N.Kumar HC 1570 Udumalpet P.S Tiruppur District50 R.Senthil S/o.P.Ravi HC 36518 J-11 Kannagi Nagar P.S Greater Chennai Police51 R.Naveen Kumar S/o.P.Ramalingam HC 43832 N-1 Royapuram Traffic Greater Chennai Police52 N.Saravanan S/o.Nagarajan HC 36502 CCB Cyber Cell Vepery53 B.Sankar S/o.N.Balu HC 28350 F-2 Egmore P.S Greater Chennai Police54 K.Velu S/o.A.Kuppusamy HC 36516 T-6 AVadi Traffic Greater Chennai Police55 D.Narayanan S/o.T.R.Duraiyappa HC 32470 J- 9 ThuraipakkamTraffic Greater ChennaiPolice56 T.Senthil KumarPage No:6/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021 S/o.N.thangamani HC 36508 Civil Supplies CID Chennai57 M.Aravinth S/o.MeenakshiSundaram HC 36522 M.C.R Greater Chennai Police58 E.Senthil Kumar S/o.R.Elangovan HC 707 Kanai P.S Villupuram District59 D.Nagarajan S/o.Dhandapani HC 51957 Museum P.S Greater Chennai Police60 K.Perumal S/o.K.P.Krishnan HC 31830 R-2 Kodambakkam P.S Greater Chennai Police61 B.Sriram S/o.T.R.Balasubramanian HC 36506 T-2 Ambattur Estate P.S Greater Chennai Police62 M.Murali S/o. C.Munirathinam HC 2636 Sipcot PS Vellore District63 B.George S/o.Babu HAV 2946 TNPA Academy Chennai64 N.Bharathidasan S/o.Natarajan HC 1700 Kottur P.S Coimbatore District65 R.Sugumar S/o.K.Raju HC 3776 Central Traffic P.S Madurai CityPage No:7/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 202166 M.Stalin S/o.M.Masilamani HC 267 B1 Town Central P.S Udhagamandalam The Nilgirs District67 K.Gopal S/o.A.Kannayiram HC 36608 S-13 Chrompet P.S Greater Chennai Police68 J.Sudhakar S/o.M.Jayaraman HC 36514 H-5 New Washermanpet Traffic Greater Chennai Police69 Y.G.Vargees S/o.Y.George HC 662 Karamadai P.S Coimbatore District70 N.Palani S/o.C.Natarajan HC 2573 Armed Reserve71 A.Kamal S/o. Abdul Hafeez HC 2574 Bagayam P. S Vellore72 S.SottuAfsar S/o.Sottu Ismail Gr-I PC 2725 Armour Work Shop Armed Reserve Vellore District73 S.Gnanavelu S/o.P.Shanmugam HC 2600 Armour Work Shop Armed Reserve Vellore District74 S.Prabhu S/o.D.Srinivasan HC 2816 Armed Reserve MT VellorePage No:8/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 202175 S.ArulKumaran S/o.P.Sankaran HC 2009 District SPL Branch Vellore District76 S.Anandaraj S/o.K.C.seetharaman HC 2581 Special Intelligence Unit SBCID Vellore District77 V.Rajendran S/o.V.Venkatesan HC 2551 Special Intelligence Unit SBCID Vellore District78 K.Muthu Kumar S/o.G.Kaliappan HC 32890 K-6 T. PChatram P.S Greater Chennai Police79 H. SasthaPrakash S/o. G.HariharaSubramaniam HC 27815 E-6 Royapettah GH P.S Greater Chennai Police80 K.Rajesh S/o.K.K.Krishnan HC 27869 D-1 Triplicane Traffic Greater Chennai Police81 G.Murali S/o.C.Gopal HC 36510 S11 Tambaram Traffic P.S Greater Chennai Police82 S.Saravana Kumar S/o.Sukumaran HC 27805 N-3 Muthialpet Traffic Greater Chennai Poilce83 K.Bharathi S/o.A.Karunanidhi HC 48508 J-8 Neelankarai P.S Greater Chennai PolicePage No:9/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 202184 M.Raji S/o. Manikkam Gr-I PC 1244 Ulundurpetai High way Patrol KallakurichiDistrict85 D.Senthil Kumar S/o.P.Dhanapal HC 1947 SIU SBCIDCuddalore District Vellore Range86 S.SundaraMoorthy S/o. Sanmugam HC 1249 Brammadesam P. S Villupuram District87 U.Venkat S/o.L.Udayakumar HC 27834 G5 Secretariat Colony P.S Greater Chennai Police88 M.Palpandi S/o.R.Muthaih HC 366 Avaniyapuram Traffic P.S Madurai City89 A.Murugan S/o..G.Annamalai HC 2273 Kandamangalam P.S Villupuram District90 N.Devendran S/o.M.S.Natarajan HC 1218 Tiruchengode Town P.S Namakkal District91 M.Thiyagarajan S/o.M.Mani HC 549 Town Control Kancheepuram District92 P.Muniyandi S/o.Paramasivam HC 834 G-9 Perunagar P.S Chengalpattu District93 A. SureshPage No:10/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021 S/o.K.Arumugam HC 458 G-3 Melmaruvathur P.S Chengalpattu District94 V.Ragunathan S/o.Varathan HC 558 B-5 Walajabath P.S Kancheepuram District95 M. Sathish Kumar S/o. K.Mathiayalagan HC 607 C- 2 Sunguvarchatram P.S Kancheepuram District96 S.Selvam S/o.Samandaran HC 918 D-3 Palur P.S Chengalpattu District97 P.Jagadeesan S/o.M.Pachiyappan HC 577 D1 Chengalpet Town P.S Chengalpattu District98 V.Manikandan S/o.K.Vasudevan HC 754 ChengalpetTaluk P.S Chengalpattu District99 T.Ragupathy S/o.Thanigaimalai HC 414 D-3 Palur P. S Chengalpatu District100 N.Kuppan S/o.K.Narayanan HC 36914 P-3 Vysarpadi P.S Greater Chennai Police101 B.Balamurugan S/o.K.Bojarajan HC 3717 Theppakulam Traffic P.S Madurai City102 S.Indirapandian S/o.K.p.Subramani HC 536 MangalamP. S Thiruvannamalai DistrictPage No:11/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021103 S.Chinnasamy S/o.M.Subbiyan HC 692 M.T Armed Reserve Coimbatore District104 E.Gowthaman S/o. K.Eswaran HC 1823 SIU SBCIB Trichy105 Christopher S/o.V.Rabal HC 40360 G-4 IMH P.S Greater Chennai Police106 P.Manikandan S/o. K.Piramanayagam HC 941 Railway Police Tirunelveli Trichy Railway Police District107 V.Mahendran S/o. Valanadu HC 268 E-3 Annanagar P.S Madurai City108 M. Palanivel S/o.Muthusamy HC 1540 Sankarapuram P.S. KallakurichiDistrict109 V.Mayandi S/o.Veeranan HC 245 Thallakulam Traffic P.S Madurai City110 A.Pradeep Alex S/o. Alex Velankanni HC 771 C4 Somangalam P.S Kancheepuram111 V.Manikandan S/o.K.Vijayakumar Gr-I PC 27813 H- 6 R.K Nagar P.S Greater Chennai PolicePage No:12/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021112 S.Naveen S/o.C.Sundarraj HC 1578 Uthiyur P. S Tiruppur District113 M.Sathish Kumar S/o. M.C.Manickam HC 1524 Vellakovil High Way Patrol Tiruppur District114 S.Muthsamy S/o.K.ShelampanaGounder HC 1525 Vellakovil P.S Tiruppur district115 P.Kamaraj S/o. Palaniyappan HC 1645 Avinashi P.S Tiruppur district116 N.Mahalingam S/o. Madhaiyan HC 1613 High Way Patrol - 11 Avinashi Tiruppur District117 M.Rajesh S/o.M.R.Madhavan HC 2549 O.C.I.U. Vellore District118 A.Velusamy S/o.Abimannan HC 446 Harur P.S Dharmapuri District119 V.Rajkumar S/o.M.Venkatachalam HC 319 Armed Reserve Coimbatore District120 P.Prabhu S/o.Palanisamy HC 716 West P.S Coimbatore District121 P.A.JohnDesouzaPage No:13/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021 S/o.P.T.Antony HC 47259 S- 11 Tambaram P.S Greater Chennai Police122 D.Arun S/o.V.Devanathan HC 433 Armed Reserve CuddaloreDistlrict123 D.Mohanraj S/o.Deenadhayalan HC 27837 G-4 IMPH P.S Greater Chennai Police124 A.S.Satish S/o.A.J.Subbaiah HC 28352 T-10 Thirumullaivoyal P.S Greater Chennai Police125 J.Loganathan S/o.Jaganathan HC 36496 K-10 Koyambedu P.S Greater Chennai Police126 K.SreeHari S/o.M.S.Kumar HC 32466 R-8 Vadapalani P.S Greater Chennai Police127 S.Yuvaraj S/o.R.Sampath HC 36495 S-4 Nandambakkam P.S Greater Chennai Police128 S.Kamaraj S/o.Sundaramurthy HC 36513 C.C.I.W Chennai129 C.SureshBabu S/o.C.Chandrasekaran HC 529 Anaimalai P.S Coimbatore District130 D.VivekanandanPage No:14/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021 S/o.P.Devaraj HC 2072 D-2 Selvapuram P.S Coimbatore District131 T.Bakiyaraj S/o.K.Thiyagarajan HC 1580 ElavanasurKottai P.S Kallakurichi District...Petitioners Vs1 The Secretary to Government Home (Police II) Department Fort St George Chennai 92 The Director General of Poli ce Tamil Nadu Dr.Radha Krishnan Salai Mylapore Chennai 4....Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the second respondent in connection with the impugned order passed in RC.No.539017/Rect.I (2)/2020 dated 3/12/2020 and quash the same and direct the respondents to revise and grant seniority to the petitioners along with those who have been appointed in the first batch of Grade – II PCs selected and recruited by a common recruitment for the year 2001 – 03 based on the respective marks secured by them in the final examination conducted at the end of Police training in the recruit School.Page No:15/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021For petitioners ...Mr.Venkataramanifor Mr.M.MuthappanFor respondents ...Mr.L.S.M.Hasan Fizal Additional Government Pleader for R.R.1 and 2.Mr.R.U.Dinesh RajkumarStanding Counsel for R.3- - - - -O R D E RThis writ petition has been filed to quash the order dated 3/12/2020 passed by the second respondent in connection with the impugned order passed in RC.No.539017/Rect.I (2)/2020 and direct the respondents to revise and grant seniority to the petitioners along with those who have been appointed in the first batch of Grade – II PCs selected and recruited by a common recruitment for the year 2001 – 03 based on the respective marks secured by them in the final examination conducted at the end of Police training in the recruit School.2. Brief facts which are necessary for the disposal of the writ petition are as follows:-Page No:16/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021The Tamil Nadu Uniformed Services Recruitment Board made an advertisement for recruitment and appointment to the post of Gr-II PCs (Men) during the year 2001 – 02 to the tune of 3500 vacancies. When the process of selection was undergoing, Recruitment Board initiated another recruitment process for selection and appointment to the post of Gr-II PCs to the tune of 5000 Gr-II PCs in the beginning of the year 2003, thereby, they have totally taken steps for recruiting as many as 8500 Gr-II PCs. 3. In the second advertisement, it was specifically notified that those who have applied earlier with regard to the earlier advertisement made in the year 2001 need not apply for the second time. Hence, it was a common recruitment through both the advertisements. The process of selection was conducted simultaneously. The petitioners have participated in the process of selection for the years 2001 – 2002 and 2002 – 2003. The advertisement stated above was initiated by the Uniformed Services Recruitment Board. The petitioners have undergone physical efficiency test, written test by a common test and all of them have come out successful in the process of selection, but were not issued appointment orders. 4. The petitioners herein were made to undergone an another medical Page No:17/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021examination in June and July 2004 and they were given appointment orders and sent them to Police training School and they commenced their training on 10/7/2005. The fact that appointment orders were issued only in June 2005 for the petitioners who were selected in the process of selection during the year 2002 – 2003.5. When the process of selection is one and the same and if there is delay in the appointment due to administrative reasons, the petitioners cannot be denied seniority along with those who have been appointed to service in the first batch. The petitioners having successfully completed their training and thereafter, posted to serve in TSP Battalion and on completion of four years of service in the battalion, they were transferred to District Armed Reserve and after serving for a minimum period of two years, now most of them are in the verge of being transferred to Taluk Police establishment. They have also been upgraded as Gr-I PCs automatically on completion of ten years of service, but the fact remains that though they were brought in A list, but their seniority in the cadre of Gr-II PCs is yet to be decided and the seniority list is yet to be published by the respondents so far.6. Hence, the petitioners made a representation to the respondents as Page No:18/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021early as in the year 2018. As there was no response, the petitioners have filed W.P.No.3156 of 2019 and vide, order, dated 7/2/2020, this Court had directed the respondents to consider the representation of the petitioners dated 26/3/2018 and take a decision on its own merit and in accordance with law within a period of twelve weeks from the date of the said order. But the second respondent had rejected the claim of the petitioners by Proceeding dated 3/12/2020. Being aggrieved, petitioners have filed the instant writ petition praying for the relief as stated therein.7. The learned Additional Government Pleader appearing for the respondents would submit that the process of selection is one and the same and there is no discrepancy found in the issuance of appointment orders issued to the writ petitioners. The Government in G.O.Ms.No.1190, Home (Pol.III) Department, dated 10/12/2002 have already ordered that wait listed candidates shall be sent for Police verification subject to the condition that candidates included in the waiting list should be clearly informed at the time of medical examination and Police verification itself that their names are included in the waiting list only against the vacancies caused due to failure of candidates of main list in the medical exam and police verification and causing of medical exam and Police verification to the candidates included in Page No:19/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021the waiting list would not confer any right of appointment on them.8. Heard the learned counsel for the petitioners and the learned Additional Government Pleader for the respondents and perused the materials available on record.9. This Court has already held in more than couple of cases in favour of the persons, similarly placed like the petitioners. The hesitation of the respondents to revise the petitioners seniority along with those who have appointed in the first batch of Grade – II PCs selected is unwarranted. In few cases, request of revising seniority of a similarly placed person was rejected by the appointing authority, wherein this Court has categorically held that delay in appointing the petitioner has resulted from the mistake of fact committed by the appointing authority. I am also inclined to adopt the very same approach. As rightly pointed out by the learned counsel appearing for the petitioners, petitioners were not at all at fault. Therefore, for the fault committed by the respondents, petitioners cannot be made to suffer. Hence, the petitioners are entitled for revision of their seniority on par with those who were appointed in the first batch of Grade – II PCs selected and recruited by a common recruitment for the year 2001 – 2003.Page No:20/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 202110. Accordingly, this writ petition is allowed and the respondents are directed to fix the petitioners seniority along with those who have been appointed in the first batch of Grade – II PCs selected and recruited by a common recruitment for the year 2001 – 2003 within a period of two months from the date of receipt of a copy of this order. It is made clear that the petitioners will not be entitled to any arrears of pay the said period. No costs.23/1/2025mvs.Index: yes/NoNeutral Citation: Yes/NoVIVEK KUMAR SINGH,Jmvs.To1 The Secretary to Government Home (Police II) Department Fort St George Chennai 92 The Director General of Police Tamil Nadu Dr.Radha Krishnan Salai Mylapore Chennai 2Page No:21/22 https://www.mhc.tn.gov.in/judis Writ Petition No.8982 of 2021W.P.No.8982 of 202123/1/2025Page No:22/22