High Court · 2025

W.P.Nos.43629 and 43634 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.11.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.Nos.43629 and 43634 of 2025and W.M.P.Nos.48742, 48744, 48747 and 48749 of 2025Kanimozhi ... Petitioner in W.P.No.43629 of 2025S.Sureshkumar… Petitioner in W.P.No.43634 of 2025-Vs-1. The Additional Chief Secretary to Government, Home(Police) Department, Fort St.George, Chennai-600 009.2. The Director General of Police, Mylapore, Chennai - 600 009.3. The Chairman / Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Panteon Road, Egmore, Chennai – 600 008. ... Respondents in both W.PsCommon Prayer : Writ Petitions filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in connection with the impugned order passed by him in GO (MS) No.556 Home (Police III) Department dated 01.11.2025 and to quash the same and consequently direct the respondents to fix the seniority as per the first proviso to Rule 25 of the Special Rules for Tamil Nadu Police Subordinates Services. Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 2025 In both W.PsFor Petitioners : Mr.Ali Hassan KhanFor Respondents : Mr.V.Jeevagiritharan Additional Government Pleader COMMON ORDER These writ petitions have been filed challenging the order passed by the first respondent in G.O.(Ms).No.556 Home (Police III) Department dated 01.11.2025, thereby fixing the seniority as directed by the Hon’ble Apex Court in the case of Ranjith Singh.2. Heard the learned counsel on either side and perused the materials available on record.3. Both the petitioners were recruited as Sub-Inspector of Police in the year 1997-1998 under the direct recruitment. Subsequently, they were promoted to the post of Inspector of Police. Insofar as the fixation of seniority in respect of directly recruited Sub-Inspectors is concerned, special Rules for Tamil Nadu Police Sub-ordinate Service is applicable. Rule 25 deals with the seniority and the first proviso to Rule 25 states that in the case of Sub-Inspector (Recruited Directly) the seniority shall be fixed on the basis of the marks obtained by them in the final examination in the Police Training College, Vellore. Subsequently, Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 2025the Government passed an order in G.O.Ms.No.1054 dated 13.07.1995, wherein 20% of vacancy has been reserved to the in-service/departmental candidates under direct recruitment quota. It also provides that inter-se-seniority of the candidates selected under 20% quota/in-service candidates would be placed over and above the direct recruits. It was not notified and as such, the Government passed another order in G.O.No.868 dated 21.11.2017 and ordered an amendment that the seniority of the Sub-Inspector of Police directly recruited under the departmental quota shall be fixed above the persons directly recruited under open quota in the same recruitment.4. It was challenged by one Ranjith Singh, in which the Hon’ble Supreme Court of India in SLP Nos.5137 and 5138 of 2021, held while dealing with the issue of providing 20% reservation under the direct recruitment category to in-service candidates and granting seniority to such in-service candidates, that they have to be placed over and above the direct recruits. Accordingly, the first respondent has now implemented the order of Hon’ble Supreme Court of India with regard to fixation of seniority of 80% directly recruited Sub-Inspectors of Police and 20% in-service candidates, based on the marks obtained in their qualifying examination/selection process conducted by the Tamil Nadu Uniformed Services Recruitment Board and has published the seniority list.Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 20255. The Hon’ble Supreme Court of India in SLP.Nos.5137 and 5138 of 2021 held as follows:-“ 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 State 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.”Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 20256. In compliance of the above order, the first respondent issued G.O.Ms.No.556 Home (Police-III) Department dated 01.11.2025 as follows:-“ i. The Chairman, Tamil Nadu Uniformed Services Recruitment Board is directed to recast all gradation list issued from the year 1995 in respect of direct recruitment which includes 20% in-service candidates recruited directly to the post of Sub-Inspector of Police for granting seniority on the basis of marks obtained in the qualifying examination/selection process and to send the same to the Director General of Police/Head of Police Force, Tamil Nadu as expeditiously as possible.ii. On receipt of the revised mark list received from the Chairman, Tamil Nadu Uniformed Services Recruitment Board, the Director General of Police/Head of Police Force is directed to take necessary immediate action to implement the orders of Supreme Court of India dated 01.05.2025 and to issue the revised seniority list of all the Sub-Inspectors of Police from the year 1995 as ordered by the Hon’ble Supreme Court of India and communicate the same to all offices concerned;iii. The Director General of Police/Head of Police Force is further directed to send necessary amendment proposals to amend the relevant Service Rules separately within a month regarding fixation of seniority of directly recruited Sub-Inspectors of Police based on selection marks instead of Police Training Marks;iv. The Director General of Police/Head of Police Force is also directed to send necessary proposal for creation of supernumerary posts, if required, at the appropriate time, on the need basis, to avoid service disruption while revising the seniority and to accommodate affected candidates as ordered by the Hon’ble Supreme Court of India.”7. In view of the above, this Court finds no infirmity or illegality in the order passed by the first respondent in GO.(MS).No.556 Home (Police III) Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 2025Department dated 01.11.2025 and the writ petition is devoid of merits and is liable to be dismissed.8. Accordingly, these writ petitions are dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 11.11.2025Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 2025To1. The Additional Chief Secretary to Government, Home(Police) Department, Fort St.George, Chennai-600 009.2. The Director General of Police, Mylapore, Chennai - 600 009.3. The Chairman / Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Panteon Road, Egmore, Chennai – 600 008.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.43629 and 43634 of 2025G.K.ILANTHIRAIYAN. J,mnW.P.Nos.43629 and 43634 of 202511.11.2025Page 8 of 8