R. Banumathi, J & K. Ravichandrabaabu, J.

1. W.A. Nos.849 to 854 of 2010 & 2066 of 2010 -Whether the Appellants, who were part of Special Task Force and were given "one stage accelerated promotion" by executive orders, can claim consequential seniority in the accelerated promotional post over their senior lower category; whether the learned single Judge was right in holding that G.O.Ms.1396 Home (Pol.1A) Department dated 03.10.2007 sets right the ambiguity regarding seniority position in accordance with General Rule 35 of Tamil Nadu State and Subordinate Service Rules and whether the Order of the learned single Judge warrants any interference, are the points falling for consideration in these intra-Court appeals. Validity of G.O.Ms.1396 Home Department dated 03.10.2007 is the core issue.

2. Before the learned single Judge the Government supported G.O.Ms. No.1396 Home dated 03.10.2007 and thereby supported the Respondents by taking a stand that accelerated promotees could never be given consequential seniority and that Executive Orders cannot over ride the statutory rules. Against the dismissal of Writ Petitions, Writ Appeals in W.A. Nos.849 to 854 of 2010 and 2066 of 2010 were filed by certain police personnel. Writ Petitions in W.P. Nos.25736 to 25741 of 2010, which were omitted to be tagged along with batch of Writ Petitions challenging G.O.Ms. No.1396 Home dated 03.10.2007, were also taken up. State Government has not preferred any appeal. In these appeals, State Government made volte-face by assailing G.O.Ms. No.1396 Home dated 03.10.2007.

3. In the writ appeals, earlier, the Division Bench in their order dated 12.04.2012, granted "interim stay of operation of the common order dated 14.10.2009 passed by the single Judge". By the order dated 02.8.2012, the Division Bench modified the earlier interim order dated 12.4.2012 into "status quo". Referring to the interim stay granted by the Division Bench and the opinion of the then learned Advocate General, Government issued G.O.Ms. No.332 Home (Pol.1A) Department dated 03.05.2012 cancelling Paragraph (3) of G.O.Ms.1396 Home dated 03.10.2007 and restoring the original position occurring at Paragraph 5(e) of G.O.Ms. No.1252 Home dated 29.10.2004 and G.O.Ms. No.1346 Home dated 06.12.2004. Challenging G.O.Ms. No.332 Home dated 03.05.2012, Writ Petitions (W.P. Nos.17731 & 20768 of 2012 and W.P.(MD) No.8911 of 2012) were filed by some of the police personnel. Since the issues involved in the Writ Appeals and the Writ Petitions are one and the same, both were heard together and shall stand disposed of by this common Judgment.

4. Brief facts which led to passing of G.O.Ms. No.1396 Home dated 03.10.2007:-

In recognition of killing of notorious forest brigand Veerappan and his gang, in G.O.Ms. No.1252 Home dated 29.10.2004, the State Government have accorded accelerated promotion to 748 police personnel by creating supernumerary posts to accommodate the persons, who were given accelerated promotions. In the said G.O., while granting one stage accelerated promotion, the Government ordered creation of 748 supernumerary posts in order to accommodate those who are accorded accelerated promotion by specifically indicating that those 748 supernumerary posts sanctioned were person oriented and shall lapse whenever the incumbents vacate the posts on retirement from service or otherwise.

5. In G.O.Ms. No.1237 Home dated 27.10.2004, orders were issued by the Government to the police personnel engaged in Special Task Force operation and granted Rs.22.71 crores towards payment of cash award of Rs.3,00,000/-each to 757 Police officers/ Policemen, who are eligible for the award under the "Award Scheme" for bravery, heroic action and gallantry. Though the said G.O. was passed sanctioning Rs.22.71 crores towards the payment of cash award of Rs.3,00,000/- each to those persons whose names are listed in the annexure, a perusal of the annexure would further show that apart from the payment of Rs.3,00,0