Madras High Court
K.S.Navaneetha Krishnan vs The Director General Of Police (Law & ... on 5 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD).No.23376 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ORDER RESERVED ON : 23.11.2023
ORDER PRONOUNCED ON : 05.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.23376 of 2023
K.S.Navaneetha Krishnan ....Petitioner
Vs
1.The Director General of Police (Law & Order)
Office of the Director General of Police
Beach Road
Chennai – 4
2.The Superintendent of Police
Kanniyakumari District
Nagercoil ...Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus to direct the respondents to fix the seniority of the
petitioner in the post of Grade-II Police Constable along with their recruited
batch in the recruitment year 2012 in the appropriate place as per Rule 25(a)
of Tamil Nadu Police Subordinate Service Rules (TNPSS) with attendant
monitory and service benefits.
For Petitioner : Mr.Raja Karthikeyan
For Respondents : Mr.R.Sureshkumar
Additional Government Pleader
https://www.mhc.tn.gov.in/judis
1/5
W.P(MD).No.23376 of 2023
ORDER
The present writ petition has been filed by a Grade-II Police Constable
seeking mandamus to refix his seniority from the year 2012 onwards with all
attendant monetary and service benefits.
2.The petitioner herein was recruited to the post of Grade-II Police
Constable in the recruitment year 2012. He was also sponsored for training in
the year 2013. However due to illness, he had taken a long medical leave.
Hence, he had not completed the training. Thereafter, he was directed to
undergo the training along with 2015 recruitment batch. Hence, he had
requested for inclusion of his name in the seniority list for the year 2012.
However, such a request was rejected under the impugned order on the
ground that the petitioner had made a delayed request to the first respondent
on 09.02.2021 for his seniority in the year 2012. The said representation has
been forwarded by the first respondent to the second respondent for a detail
report. At this stage, the present writ petition has been filed seeking a
mandamus to fix his seniority on par with his 2012 batch-mates. These facts
are not in dispute.
https://www.mhc.tn.gov.in/judis
3.The narration of the above said facts will clearly establish that the
petitioner was recruited in the year 2012 and he was sent for training in the
year 2013. However, due to fault on the part of the petitioner, he had left the
training in the midway and did not clear the training. Thereafter, the
petitioner has been admitted for training again in the year 2015 along with the
candidates recruited in the year 2015. When the non-completion of training is
due to the fault of the writ petitioner and there is no mistake on the part of the
department, the petitioner cannot seek seniority on par with its batch-mates.
4.The Hon'ble Division Bench of our High Court while considering a
similar case in a judgment reported in 2020 SCC Online Mad 25524
(D.Damuraj Vs. Director General of Police and another ) was pleased to
hold that the right to assert seniority will arise only from the date of joining
service or rather from the date of appointment. When a candidate has not
successfully completed the physical training, he cannot be conferred with all
service benefits including seniority. The above said judgment is squarely
applicable to the facts of the present case. The petitioner cannot seek
seniority on par with his 2012 batch.
5.In view of the above said deliberations, the petitioner does not have
any legal right to seek mandamus against the authorities to fix the seniority in
https://www.mhc.tn.gov.in/judis
the year 2012. The writ petition is devoid of merits and the same is dismissed.
No costs.
05.12.2023
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
msa
To
1.The Director General of Police (Law & Order)
Office of the Director General of Police
Beach Road
Chennai – 4
2.The Superintendent of Police
Kanniyakumari District
Nagercoil
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
msa
Pre-delivery order made in
05.12.2023
https://www.mhc.tn.gov.in/judis
