1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)No.4864 of 2011 R.Paul Turai : Petitioner Vs. 1.The State of Tamil Nadu, Rep.by its Home Secretary, Fort.St.George, Chennai-600 009. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004. 3.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli District. 4.The Superintendent of Police, Tirunelveli Range, Tirunelveli. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records and quash the impugned order passed by the fourth respondent in Order No.Na.Ka.No.A2/15526/2011, dated 22.03.2011 consequently direct the respondents 2 to 4 to fix the seniority and give promotional salary benefits to the petitioner for the post of SSI of Police. For Petitioner : Mr.D.Saravanan For Respondents : Mr.V.Rajasekaran Special Government Pleader O R D E R The petitioner was originally appointed as a Constable at Palayamkottai, Armed Reserve and subsequently he was promoted as Head Constable on 05.01.1998. The grievance of the petitioner is that while granting promotion, his initial appointment in Tamil Nadu Special Police was not taken into consideration and his posting in Armed Reserve alone was taken for consideration, and therefore, he was not given promotion similar to those persons, who were recruited along with him in Tamil Nadu Reserve Police. 2. Mr.D.Saravanan, learned counsel appearing for the petitioner submitted that taking into consideration the Government Order issued in G.O.Ms.844,Home(Pol V) Department dated 03.06.1997, the petitioner is entitled to claim seniority from the date of his initial appointment in Tamil Nadu Special Police. He also brought to the notice of this Court a Judgement of a Division Bench of this Court in W.A.No.500 of 2008 dated 16.06.2008, [State of Tamil Nadu, Rep.by its Home Secretary, Chennai-600 009 -Vs- A. Subbiah Pandian and others], wherein in similar https://hcservices.ecourts.gov.in/hcservices/ 2 circumstances, the Division Bench upheld the order of the learned Single Judge granting seniority in terms of G.O.Ms.844 Home (Pol V) Department dated 03.06.1997 and also held that by virtue of amended Rule 25(b) of the Special Rules for Tamil Nadu Police Subordinate Service Rules, the date of initial appointment shall be taken into consideration for calculating the seniority. The learned Counsel, therefore, submitted that following the said Judgement of the Division Bench, the petitioner may be given promotion. 3. Mr.V.Rajasekaran, learned Special Government Pleader, submitted that the petitioner was transferred from Tamil Nadu Special Police Force to Armed Reserve at his request, and therefore, his seniority can be fixed only from the date on which he was transferred and his original date of appointment cannot be considered for fixing the seniority. 4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 5. Admittedly, the Division Bench of this Court in W.A.(MD) No.500 of 2008 dated 16.06.2008, held that the promotion of the respondents therein can be considered in terms of G.O.Ms.844 Home (Pol V) Department dated 03.06.1997 and the date of initial appointment must be taken into consideration for the purpose of calculating the seniority. 6. Following the same, the Writ Petition is allowed and the impugned order is set aside. The respondents are directed to give promotion to the petitioner, taking into consideration his initial date of appointment prior to transfer to the Armed Reserve. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Home Secretary, State of Tamil Nadu, Fort.St.George, Chennai-600 009. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004. 3.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli District. 4.The Superintendent of Police, Tirunelveli Range, Tirunelveli. +1 CC to Special Government Pleader (SR.No.15953) +1 CC to Mr.D.Saravanan, Advocate (SR.No.15703) ORDER MADE IN W.P(MD)No.4864 of 2011 27.04.2011 SML NSV/19.5.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/