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2014 Supreme(Mad) 499

R.SUDHAKAR, S.TAMILVANAN, A.SELVAM, M.SATHYANARAYANAN, B.RAJENDRAN
J. Alex Ponseelan – Appellant
Versus
Director General of Police, Tamil Nadu – Respondent


Advocates Appeared:
For the Appearing Parties:T.A. Ebenezer, P. Andiraj for G. Thalaimutharasu, A. John Vincent, K. Mahendran, J. Sivaram, M. Suresh Kumar, B.K. Rajendran, J. Jeyakumaran, A. Haja Mohideen, A. Jayaramachandran, R. Aravind Raj, D. Sasikumar, J. Parekhkumar, G. Chandrasekar, Advocates, K. Chellapandian, Addl. Advocate General assisted by B. Pugalendhi, Spl. Govt. Pleader, N.S. Karthikeyan, Addl. Govt. Pleader.

JUDGMENT

Order On Reference R. Sudhakar, J.

1. These writ petitions are before this Larger Bench as per the orders of His Lordship the Hon'ble Chief Justice, dated 03.12.2013, on the Order of Reference, dated 07.11.2013, passed by Justice S.NAGAMUTHU. The two issues raised by the learned Referring Judge are as follows:

(i) Whether the law laid down by the Full Bench of this Court in Manikandan vs. Chairman, T.N. Uniformed Services Recruitment Board - 2008 (2) CTC 97 holds the field or it needs to be over-ruled?

(ii) Whether Rule 14(b)(iv) together with Explanations 1 and 2 attached thereto of the Tamil Nadu Special Police Subordinate Service Rules, 1978 is constitutionally valid?

2. Before we go to the issues at large, we notice that the constitutional validity of Rule 14(b)(iv) together with Explanations 1 and 2 of the Special Police Subordinate Service Rules, 1978 was questioned before a learned Single Judge of this Court and the said Rule was upheld as constitutionally valid in V.Veeramani vs. The State of Tamil Nadu, reported in 2007 3 MLJ 676. That order was not challenged by way of appeal. It appears that despite upholding of the validity of the said Rule by the learned Single






























































































































































































































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