Madras High Court
G.Sam William Carter vs The Government Of Tamil Nadu on 3 March, 2021
W.P.No.1251 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.1251 of 2021 and
WMP Nos.1399 & 1400 of 2021
1. G.Sam William Carter,
2. K.Suresh
3. M.Kulothungan
4. G.Dhanachezhiyan ... Petitioners
-vs-
1. The Government of Tamil Nadu,
Represented by its Secretary to Government,
Home Department, Fort St. George,
Chennai – 600 009.
2. The Director General of Police,
Law & Order, Chennai – 600 004.
3. The Commissioner of Police,
Chennai City, Veppery, Chennai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned
order passed by the 2nd respondent herein in his proceedings Rc.No.163720/NGB V
(2)/2018 dated 21.12.2018 and quash the same and consequently issue a direction
directing the respondents herein the date of recruitment/appointment as the basis for
fixing State Seniority and effect promotion and to promote the petitioner as Sub-
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W.P.No.1251 of 2021
Inspector of Police (Armed Reserve) from the date of promotion of his batch mates in
the light of the orders passed by the Division Bench of this Court in
W.P.No.25043/2002, dated 18.09.2007 which was implemented by Government vide
G.O.Ms.No.1623 (Home Pol VI) Department dated 12.12.2008, within a time-frame as
deem fit and proper by this Court.
For Petitioner : Mr.G.Bala and Daisy
For Respondents : Mr.P.Karthikeyan,
Additional Government Pleader
ORDER
This Writ petition is filed, seeking to quash the impugned order passed by the 2 nd
respondent herein in his proceedings Rc.No.163720/NGB V (2)/2018 dated 21.12.2018
and for a consequential direction.
2. Mr.P.Karthikeyan, Additional Government Pleader takes notice for respondents.
By consent, final orders are passed in the Writ Petition at the admissions stage.
3. When the matter is taken up for hearing, it is represented by the respondents
that the issue involved in the impugned order is squarely covered by the decision of the
Madurai Bench this Court dated 06.01.2020 made in W.P.(MD)No.1554 of 2019 etc.,
The relevant paragraph of the said Judgment is extracted hereunder:
“16(viii). From the above materials on record, it is seen that the
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W.P.No.1251 of 2021
respondents 1 to 3 have so far given promotion to the post of Sub-Inspector
of Police (Armed Reserve) based on the entry level seniority and this Court
in two Writ Petitions referred to above, had held that entry level seniority is
the criteria for fixing inter-se-seniority in the post of Head Constable and
'C'' List must contain eligible candidates as per the entry level seniority. In
view of the same, the judgments relied on by the learned Senior Counsel
appearing for the petitioners are squarely applicable to the facts of the
present case.
16(ix). For the above reasons, the petitioners are entitled to the
relief sought for in the Writ Petitions. The impugned Memorandum issued
by the 2nd respondent, Director General of Police in RC. No. 163720/NGB
V (2)/2018 dated 21.12.2018 is hereby quashed. The respondents are
directed to consider the petitioners for promotion to the post of Sub-
Inspector of Police (Armed Reserve) on the basis of their seniority in cadre
of Grade - II Police Constable, if they are otherwise eligible.”
4. In view of the above said order dated 06.01.2020, the case of the petitioner
shall be considered for the purpose of seniority and promotion, if there are no legal
impediments.
5. With the above observation, this writ petition is disposed of. No costs.
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W.P.No.1251 of 2021
Consequently, connected miscellaneous petitions are closed.
03.03.2021
Index: Yes / No
Speaking order /Non speaking order
vum
To
1. The Government of Tamil Nadu,
Represented by its Secretary to Government,
Home Department, Fort St. George,
Chennai – 600 009.
2. The Director General of Police,
Law & Order, Chennai – 600 004.
3. The Commissioner of Police,
Chennai City, Veppery, Chennai.
S.VAIDYANATHAN,J.,
http://www.judis.nic.in
W.P.No.1251 of 2021
vum
W.P.No.1251 of 2021 and
WMP Nos.1399 & 1400 of 2021
03.03.2021
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