Madras High Court
The State Of Tamil Nadu vs M.S.Sundaresan on 27 September, 2023
W.A.(MD) No.1624 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1624 of 2023
and
C.M.P.(MD)No.12565 of 2023
1.The State of Tamil Nadu,
Rep. By its Secretary to Government,
Home Department,
Secretariat, Chennai.
2.The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Egmore, Chennai-8.
3.The Director General of Police,
Mylapore, Chennai 600 009.
4.The Additional Director General of Police,
(Armed Police) Head Quarters,
Kilpauk, Chennai-600 010.
5.The Inspector General of Police,
Trichy Range,
AP Head Quarters,
Kilpauk, Chennai-600 010.
6.The Commandant,
TSP 6th Battalion,
Reserve Line,
Madurai-14. ... Appellants/Respondents 1 to 6
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W.A.(MD) No.1624 of 2023
-vs-
1.M.S.Sundaresan,
Sub Inspector of Police,
TSP 6th Battalion,
Reserve Line,
Madurai-625104. ... 1st Respondent/Writ Petitioner
2.B.Ashok Kumar,
Inspector of Police,
TSP 15th Battalion,
Sevur, Vellore District. ... 2nd Respondent/7th Respondent
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 11.10.2022 made in W.P.(MD)No.7266 of 2020 on the
file of this Court.
For Appellants : Mr.M.Lingadurai
Special Government Pleader
For R1 : Mr.RH.Mohammed Imran
for M/s.Ajmal Associates
JUDGMENT
[Judgment of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]
The official respondents 1 to 6 in W.P.(MD)No.7266 of 2020 have
preferred this intra-Court appeal aggrieved by the order dated 11.10.2022 of
the learned Single Judge, whereby, the learned Single Judge allowed the writ
petition by setting aside the orders impugned in the writ petition and directing
the third appellant herein to fix the petitioner’s seniority by considering the
marks obtained by him in the Police Recruitment School as per Rule 24 of the
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W.A.(MD) No.1624 of 2023
Tamil Nadu Special Police Subordinate Service Rules 1978 with all
consequential benefits.
2. The brief facts leading to the filing of the writ appeal are that in the
year 1992, the appellants called for applications for filing up the vacancies in
the post of Grade -II Police Constable by way of direct recruitment. After due
application and selection, the petitioner was selected and on a protracted
basis, batch wise, the selected candidates were called for training from the
year 1993 onwards. The petitioner's turn came in the year 1995 and he was
called for training with effect from 01.11.1995. Subsequently, the first
respondent was promoted as Naik on 18.03.1999 and was further promoted
as Havildar with effect from 18.03.2001 and then as Sub Inspector of Police
(Battalion) on 12.02.2010.
3. Whileso the petitioner came within the zone of consideration for
promotion to the next higher post of Inspector (General) in the year 2017-18
and only at the time, for the first time, the appellants carried on the exercise
of publishing the seniority list. The seniority list was published in which, the
writ petitioner’s seniority was shown as S.No.427. The said seniority was fixed
based on the marks obtained by the writ petitioner in the recruitment
examinations conducted by the Tamil Nadu Uniformed Services Recruitment
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W.A.(MD) No.1624 of 2023
Board. Therefore, the writ petitioner submitted an objection on 04.09.2018.
Since there was no response, the writ petitioner earlier filed
W.P.(MD)No.12544 of 2020 upon which, by order dated 23.01.2020, this
Court was pleased to direct the third appellant herein to dispose of the
representation of the writ petitioner on merits.
4. Pursuant thereto, an order was passed on 17.06.2020 rejecting the
objections raised by the writ petitioner. Therefore, the present writ petition
was filed, challenging the proceedings dated Nil.03.2020 whereunder the
seniority of the second respondent was fixed above the writ petitioner and the
objection of the writ petitioner was rejected.
5. The learned Single Judge on considering the case of the parties,
considered the fact that as far as the fixation of seniority is concerned, Rule 24
of the Tamil Nadu Special Police Subordinate Service Rules 1978 is the rule
which is applicable. As per the same, seniority shall be determined on the
basis of the marks obtained by him in the final examination held at the end of
the training. Considering the said Rule position and considering the fact that a
similar issue has already been decided by this Court in W.P.(MD)No.14410 of
2020 and further considering the judgment of the Hon'ble Supreme Court of
India in an identical Rule position in respect of the Andhra Pradesh (Civil)
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W.A.(MD) No.1624 of 2023
Subordinate Services Rules, in A.Raghu Vs. Government of Andhra
Pradesh and Others1, the learned Single Judge held that it was incumbent
upon the appellants herein to fix the seniority only based on the marks
obtained in the police training college and not the marks obtained during the
selection. Aggrieved by the same, the present writ appeal is filed.
6. Heard Mr.M.Lingadurai, the learned Special Government Pleader
appearing on behalf of the appellants and Mr.H.Mohammed Imran, the learned
counsel appearing on behalf of the first respondent.
7. The learned counsel appearing for the respondent would submit that
the legal position that the seniority has to be fixed only based on the marks
obtained in the examinations in the police training college has now become
clear. He would submit that pursuant to the orders of this Court in
W.P.(MD)No.14410 of 2020, the third respondent had also implemented the
said order vide memorandum dated 23.03.2022. When the said memorandum
was placed before this Court, the learned Special Government Pleader could
not repudiate the said contention.
8. As a matter of fact it is now the admitted position that several orders
of this Court have already been passed reiterating that only the final marks
1 2015 (14) SCC 2021
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W.A.(MD) No.1624 of 2023
obtained in the police training college shall be the criteria for the fixation of
seniority. As a matter of fact Rule 24 of the Tamil Nadu Special Police
Subordinate Service Rules clearly and categorically lays down the same and
absolutely there can be no doubt whatsoever with respect to the same. The
seniority list was sought to be fixed for the first time during 2017-18 and
therefore, after objecting to the same the petitioner had approached this
Court. In view thereof, no exception whatsoever can be taken for the various
findings and conclusions reached by the learned Single Judge.
9. Accordingly, finding no merits, this writ appeal stands dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
27.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
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W.A.(MD) No.1624 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A.(MD) No.1624 of 2023
and
C.M.P.(MD)No.12565 of 2023
27.09.2023
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https://www.mhc.tn.gov.in/judis
