Madras High Court
M.Parimal Priya vs The Government Of Tamil Nadu on 25 July, 2023
W.P.Nos.4807 to 4817 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.4807 to 4817 of 2015
and W.M.P.Nos.20668, 20671, 20672, 20674, 20675, 20678,
20680, 20681, 20682, 20683 and 20686 of 2020
W.P.No.4807 of 2015 :-
M.Parimal Priya ...Petitioner
-Vs-
1. The Government of Tamil Nadu,
Rep. by Secretary to Government,
Home (Police) Department,
Secretariat, Chennai – 600 009.
2. The Director General of Police,
Law and Order,
Police Head Quarters,
Mylapore, Chennai – 600 004.
3. The Deputy Inspector General of Police (TS),
Technical Services,
Mylapore, Chennai -600 004. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to direct the first respondent to
pass appropriate orders to fix the seniority of the petitioner on par with
her batch mates of Sub Inspector of Police (Technical) who were
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W.P.Nos.4807 to 4817 of 2015
recruited on 26.08.2001, in the light of the judgment dated 21.04.2009 in
W.A.No.211 of 2009 of the Division Bench of this Court which was
implemented in Government Order in G.O.(D).No.665, Home (Police B-
3) Department, dated 28.07.2009 and to grant her all consequential
benefits including the benefits of Tamil Nadu Pension Rules, in the light
of her representation dated 19.11.2014.
In all W.Ps.
For Petitioners : No appearance
For Respondents : Mr.S.Silambannan
Additional Advocate General
Assisted by
Mr.Yogesh Kannadasan
Special Government Pleader
COMMON ORDER
All these writ petitions have been filed to direct the first
respondent to pass appropriate orders to fix the seniority of the
petitioners on par with their batch mates of Sub Inspector of Police
(Technical), in the light of the judgment dated 21.04.2009 in
W.A.No.211 of 2009 of the Division Bench of this Court which was
implemented in Government Order in G.O.(D).No.665, Home (Police B-
3) Department, dated 28.07.2009 and to grant all consequential benefits
including the benefits of Tamil Nadu Pension Rules, in the light of their
representation.
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W.P.Nos.4807 to 4817 of 2015
2. The petitioners state that they participated in the process of
selection for appointment to the post of Sub-Inspector of Police
(Technical), pursuant to the notification issued by the Tamil Nadu
Uniformed Services Recruitment Board in the year 1999-2000. The
petitioners were successful in the written examination and during the
medical test, they were referred to the board for examination of their eye
sight. Though some of them were not selected, thereafter they were
referred for examination through second Medical Board and after
submission of the medical report from the Medical Board, they joined as
Sub-Inspector (Technical) on different dates during the year 2004.
3. Thus, the petitioners had not joined in the year 2001 along
with the other persons, who were recruited pursuant to the notification of
the year 1999-2000. Since there was a delay of there years in joining and
the probation of the petitioners was declared in the year 2006, their
seniority was fixed based on their date of joining in the post of Sub-
Inspector of Police (Technical). Therefore, the petitioners filed the present
writ petitions to fix their seniority on par with their batch mates of the
Sub Inspector of Police (Technical).
4. The contention of the petitioners is that they participated in
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W.P.Nos.4807 to 4817 of 2015
the process of selection conducted during the year 2000 and they were
selected. The delay caused was not at the instance of the petitioners, but
due to the medical examination and thus, the seniority of the petitioners
has to be restored on par with their batch mates and they should be
promoted to the post of Inspector of Police (Technical) with retrospective
effect.
5. It is further contended that the Government, in
implementation of the order passed by the Division Bench of this Court in
W.A.No.211 of 2009, issued orders in G.O.(D) No.665, Home (Police B-
3) Department, dated 28.07.2009, restoring the seniority of one
R.Mathan with effect from the year 1994-1995 along with his batch
mates. Thus, the same relief has to be extended in the case of the
petitioners.
6. The learned Additional Advocate General appearing for the
respondents, relying on the counter affidavit, made a submission that the
appointment orders for the writ petitioners were issued in proceedings
dated 02.09.2004 and the petitioners were deputed for basic training in
the Police Training College, Chennai for a period of six months. The
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W.P.Nos.4807 to 4817 of 2015
training commenced on 15.09.2004 and after completing of the basic
training, the petitioners were posted various districts in the available
vacancies.
7. Some of the petitioners had not completed their medical
examination due to their eye sight problem and police verification within
the prescribed time. Thus, the petitioners were not selected to the
commencement of the training i.e. 26.08.2001. In the Adhoc Rules issued
in G.O.Ms.No.53, Home (Police-IX) Department, dated 18.01.1999, in
paragraph 6, it is stated that "every person appointed to the post of Sub
Inspector (Technical), shall from the date on which he joins duty, be on
probation for a total period of two years on duty within a continuous
period of three years". In view of the fact that the petitioners were
appointed only in proceedings dated 02.09.2004 and sent for training on
15.09.2004 and thereafter, their probation was declared on completion of
two years of service, their seniority was fixed based on the date of
appointment as per the Rules in force.
8. Regarding the claim of the petitioners for retrospective
revision of seniority on par with their batch mates, the respondents have
stated in the counter affidavit as follows:-
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W.P.Nos.4807 to 4817 of 2015
"A clarification has been sought from the
Director General of Police, Tamil Nadu, Chennai
regarding the fixation of seniority in the category of
Sub Inspector (Technical) who had undergone training
in one batch in letter No.A4/24279/1997 dated
21/02/2002 for fixing the seniority of newly recruited
Sub Inspector (Technical) in this branch on
26/08/2001. In this regard, the Director General of
Police forwarded the letters to the Government and
request to fix their seniority. Finally Government have
issued the direction "to fixation of seniority of Sub
Inspector (Technical) based on the marks obtained in
the final examination conducted at Police Training
College on the conclusion of basic training". The
Director General of Tamil Nadu communicated the
Government letter to the Deputy Inspector General of
Police, Technical Services with instruction "to fix the
seniority in respect of directly recruited Sub Inspector
(Technical) based on the marks obtained by them in
the final examination conducted at Police Training
College on the conclusion of basic training vide
memorandum in Rc.No. 45696/Rect. II (2)/2002 dated
13/12/2006. Based on the Institutions of the
Government and Director General of Police, Tamil
Nadu, the Deputy General of Police, Technical
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W.P.Nos.4807 to 4817 of 2015
Services (i.e. third respondent) has fixed the inter-se-
seniority and published the same vide proceedings in
Rc.No. A3/24279/1997 dated 13/02/2007. The first
batch of Sub Inspectors (Technical) had attended final
examination conducted at Police Training College
during the month and year of February 2002. The
second batch had attended final examination at Police
Training College during the month and year of March
2005 (i.e., after completion of three years). They had
attended the final examination in different months and
years. Hence, it is informed that all the above Sub
Inspectors (Technical) were recruited for the year
1999- 2000. But they were sent for training in different
batches and they had attended different final
examination at Police Training College, Chennai.
Their question papers are different one, not in one and
the same. In the Adhoc Rules issued in G.O.Ms.No.53,
Home (Police-IX) Department, dated 18.01.1999, in
paragraph 6, it is stated that "every person appointed
to the post of Sub-Inspector (Technical), shall from the
date on which he joins duty, be on probation for a total
period of two years on duty within a continuous period
of three years". As per Adhoc Rules the petitioners
joined the only on 15/09/2004 FN not in the first batch
appointment dated 26/08/2001. Hence, the Deputy
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W.P.Nos.4807 to 4817 of 2015
Inspector General of Police, Technical Services, had
made the fixation of the inter-se-seniority and
published. Due to the above reasons the petitioners
argument is not substantiated."
9. In view of the fact that the petitioners were selected and
appointed only through proceedings dated 02.09.2004 and thereafter
completed their training period and the period of probation, their seniority
was fixed as per the Adhoc Rules applicable to the post of Sub-Inspector
of Police (Technical) in G.O.Ms.No.53, Home (Police-IX) Department,
dated 18.01.1999. Pertinently, the post of Sub-Inspector of Police
(Technical) is governed by the Adhoc Rules issued in the said
Government Order and the other Rules are not applicable to the post of
Sub-Inspector. Thus, there is no infirmity in respect of the seniority fixed
by the department.
10. Beyond the above facts, the petitioners were appointed in the
year 2004 and completed their training and thereafter the probation. They
filed the present Writ Petitions in the year 2015 and their seniority was
fixed during the relevant point of time based on their appointment and
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W.P.Nos.4807 to 4817 of 2015
during the said period, the petitioners have not pursued the matter for re-
fixation of seniority. Further, the petitioners were not able to establish
that they are entitled for fixation of seniority, as they were appointed in
the year 2004 and not appointed along with other persons, who were
recruited in the year 1999-2000. Thus, there is no infirmity in respect of
the seniority fixed based on the appointment of the petitioners and now
the settled seniority cannot be unsettled, after a lapse of many years.
11. With the above observations, all the Writ Petitions are
dismissed. Consequently, connected miscellaneous petitions are closed.
There shall be no order as to cost.
25.07.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.Nos.4807 to 4817 of 2015
G.K.ILANTHIRAIYAN. J,
rts
To
1. The Secretary to Government,
Government of Tamil Nadu,
Home (Police) Department,
Secretariat, Chennai – 600 009.
2. The Director General of Police,
Law and Order,
Police Head Quarters,
Mylapore, Chennai – 600 004.
3. The Deputy Inspector General of Police (TS),
Technical Services,
Mylapore, Chennai -600 004.
W.P.Nos.4807 to 4817 of 2015
and W.M.P.Nos.20668, 20671, 20672,
20674, 20675, 20678, 20680, 20681,
20682, 20683 and 20686 of 2020
25.07.2023
https://www.mhc.tn.gov.in/judis
