Madrasdated High Court · 2025

W.P.No.28009 of 2024 etc(R21 to R40 impleaded as perthe order dated 19.03.2025in W.M.P.No.9807 of 2025in W.P.No.28009 of 2024)41. S.Krishnakumar42. M.Sathiyalingam43. S.Rajesh Babu44. S.Jayaraman45. C.Charles46. N.Ravikumar(R41 to R46 impleaded as perthe order dated 20.11.2025in W.M.P.No.14486 of 2025in W.P.No.28009 of 2024)47. N.Ravi(R41 to R46 impleaded as perthe order dated 20.11.2025in W.M.P.No.50293 of 2025in W.P.No.28009 of 2024)... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned proceedings of the first respondent in Letter (Ms)No.501, dated 29.08.2024 and to quash the same as arbitrary, illegal, unconstitutional and consequently direct the respondents to retain the original seniority of the petitioners dated 06.07.2000. For Petitioner: Mr. MA.GouthamanFor Respondents For R1 & R2: Mr.P.Kumaresan Additional Advocate General Assisted by Mr.V.Jeevagiridharan Additional Government PleaderPage 4 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etc For R3 to R7: Mr.Mani Sundargopal For R8 to R20: Mr.L.Chandrakumar For R21 to R40: Mr.U.Chandramohan For R41 to R46: Mr.C.VigneswaranFor 47: Mr.R.Shanmugasundaram, Senior Counsel For Mr.C.SurajCOMMON ORDERAll the Writ Petitions have been filed challenging the proceedings of the Additional Chief Secretary to Government dated 29.08.2024, and the combined seniority list dated 29.08.2024.2.The issues involved in all these Writ Petitions are similar in nature and therefore this Court is inclined to pass a common order. 3.The petitioners were selected to the post of Sub Inspector of Police by virtue of the notifications dated 02.04.1998 to fill up 490 vacancies and 7 backlog vacancy for men and 240 vacancies for women. The selection was made on zonal wise basis. Accordingly, separate cut off mark was fixed for each zone viz., the cut off mark was fixed at 78% to Chennai zone and 58% for the very same category for the Ramanathapuram zone. Based upon the cut off marks fixed for each zone, 881 candidates were divided into two batches. The first batch Page 5 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etccandidates secured highest marks based on the initial substantive vacancy of 737, those who had higher marks formed the first batch and they were sent for training to the Police Training Colleges on 16.04.1999. Thereafter, the increased substantive vacancy were sent for training in the second batch on 22.05.2000. After completion of the training, examinations were conducted for two batches separately. Thereafter, their seniority has been fixed based on their date of joining duty as per Rule 25(a) of the Special Rules for Tamil Nadu Police Subordinate Service. Meanwhile, by the impugned proceedings the government published the combined seniority list of 1997-98 batch directly recruited Sub Inspectors of Police. 4.Heard the learned counsel appearing on either side and perused the materials placed before this Court.5.On perusal of the records, it is revealed that several Writ Petitions have been filed challenging the zonal wise selection and also the fixation of seniority and the same were went up to the Hon'ble Supreme Court of India. After passing several years, finally, the Hon'ble Supreme Court of India by an order dated 01.05.2025 in Page 6 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etcS.L.P(c)No.5137 and 5138 of 2021 filed by one Ranjith Singh and S.L.P(c)No.20061 of 2022 filed by one V.Chandrasekaran, held as follows :-“27. In the present case, the direct recruitment has been done to 80% of the vacancies through candidates from open market and 20% of the vacancies under the direct requirement quota from in- service candidates and pre-amended Rule 25 provides for fixation of seniority with reference to the rank assigned by the appointing authority in the select list meaning thereby only on the basis of marks obtained by each and every individual candidate. Therefore, this Court is of the considered opinion that all seniority list(s) right from 1995 deserve to be re-casted by assigning proper seniority to the candidates who have been appointed from the open market as well as from in-service candidates solely on the basis of ranks assigned to the selected candidates by the appointing authority on the basis of marks obtained by them in the examination on the basis of which they have been selected and appointed to the post of Sub-Inspector of Police. There is no other process which can be followed in the present case.28. Resultantly, the GO dated 21.11.2017 which grants seniority to the departmental candidates over and above the candidates who have been recruited from open Page 7 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etcmarket is hereby quashed and amendment to Rule 25 sub rule (a) also is hereby struck down being violative of Articles 14, 16 and 21 of the Constitution of India, meaning thereby, the Respondents shall issue a fresh gradation list solely on the basis of marks obtained by candidates in the examination on the basis of which they have been recruited to the services. The Appeals stand disposed of with the following directions:a) The respondents shall recast all gradation list issued from time to time in respect of direct recruitment which includes 20% in-service candidates recruited directly to the post of Sub-Inspector of Police by granting seniority on the basis of marks obtained in the qualifying examination/selection process. The exercise of recasting and issuance of revised gradation list be positively concluded within a period of 60 days from today.b) The respondent State shall not revert any officer who has been given further promotion on the basis of the seniority list already issued by the Department from 1995; however, the respondent State shall not issue any promotion order in respect of departmental candidates till the revised seniority list is issued as aforesaid.c) That, after issuance of revised seniority list, the Page 8 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etcState Government shall consider the cases of all departmental candidates for promotion to the next higher post keeping in view the promotions granted to the juniors (based upon the revised seniority list) and the exercise of granting promotions be concluded in respect of the direct recruitees (80%) quota within a period of two months from the date of issuance of revised seniority list.d) The direct recruits, in case they are found fit for promotion to the next higher post will be entitled for notional promotion, fixation of seniority and all other consequential benefits except back wages on grant of promotion to the next higher post.e) The State Government shall hereinafter conduct one common examination for 100% direct recruitment for appointment to the post of Sub-Inspector of Police which includes 80% from open market and 20% from in-service candidates and their seniority shall be assigned based upon the marks obtained by individual candidates/rank assigned by appointing authority in the list of selected candidates.29. With the aforesaid, the appeals stand disposed of. No orders as to costs. Pending application(s), if any, shall also stand disposed of.”Page 9 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etc6.The learned Additional Advocate General appearing for the respondents 1 & 2 filed a memo stating that earlier a draft combined seniority list was published vide proceeding dated 30.01.2021 and aggrieved by the same the first batch of the Sub Inspector of Police had filed a batch of Writ Petition in W.P.No.3973 of 2021 etc., in which this Court by an order dated 24.07.2023, directed the Additional Chief Secretary to Government to pass final orders based on the objection they received. After receipt of the objections, the government by the letter dated 29.08.2024, directed the Director General of Police, to confirm the seniority list dated 30.01.2021. Accordingly, the combined seniority was published by the Director General of Police dated 12.09.2024. 7.While being so, some of the Inspectors of Police, who were sent for training in the first batch have filed Writ Petitions before this Court to fix their seniority separately viz., batch wise. It went up to the Hon'ble Supreme Court of India and passed the above orders. Accordingly, the respondents 1 & 2 are now, in order to comply with the orders passed by the Hon'ble Supreme Court of India, action is being taken to revise the seniority of directly recruited Sub Inspectors of Police based on the selection marks obtained by the individual in the Page 10 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etcexamination conducted by the Tamil Nadu Uniform Service Recruitment Board from the year 1995, which includes the present batch recruited for the year 1997-1998. 8.On the submission made by all the learned counsel appearing for the petitioners and the private & impleaded respondents, it is revealed that there were two batches recruited under the notifications dated 02.04.1998. Even according to the respondents, the first batch of Sub Inspectors of Police were sent for training on 16.04.1999 based on the marks viz., who are the top most rank holders. Remaining persons viz., the persons who were secured lesser than the marks of the first batch candidates, were sent for training on 22.05.2000. For both batch mates, there were two separate examinations at the Police Training College.9.Considering the above facts and circumstances, this Court is inclined to pass the following directions:-(i) In view of the order passed by the Hon'ble Supreme Court of India, the impugned proceedings dated 29.08.2024 and the combined seniority list dated 12.09.2024 are hereby set aside. Page 11 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etc(ii) The respondents 1 & 2 are directed to revise the seniority list as directed by the Hon'ble Supreme Court of India by an order dated 01.05.2025 in S.LP(C)No.5137 and 5138 of 2021. (iii) The respondents 1 & 2 are directed to treat the direct recruitees for the year 1997-98 as two batches viz., first batch of the year 1999 and the second batch of the year 2000.(iv) It is made clear that seniority of the candidates shall be fixed based on their marks secured in examination conducted by the Tamil Nadu Uniform Service Recruitment Board. 10.With the above directions, all the Writ Petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.20.11.2025(1/3) Index : Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderNote : Registry is directed to incorporate cause title for all the cases and issue order copy.rtsPage 12 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etcTo1. The Additional Chief Secretary to GovernmentHome, Prohibition & Excise Department,Secretariat, Chennai – 600 009.2. The Director General of Police,Mylapore, Chennai – 600 009.Page 13 of 14 https://www.mhc.tn.gov.in/judis W.P.No.28009 of 2024 etcG.K.ILANTHIRAIYAN. J,rtsCommon Order inW.P.Nos.28009, 28105, 28630, 28716, 30969 of 2024 &W.P(MD).Nos.22388, 22457 of 202420.11.2025(1/3) Page 14 of 14