R.SUDHAKAR, S.TAMILVANAN, A.SELVAM, M.SATHYANARAYANAN, B.RAJENDRAN
J. Alex Ponseelan – Appellant
Versus
Director General of Police, Tamil Nadu – Respondent
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
Manikandan and others Versus The Chairman, Tamil Nadu Uniformed Services Recruitment Board
Shri Manni Lal Versus Shri Parmai Lal and others 1970 (2) SCC 462;
1970 (2) SCC 462 [Shri Manni Lal Versus Shri Parmai Lal and others];
State of Punjab Versus Baldev Singh (1999) 6 SCC 172;
Southern Railway Officers Association and another Versus Union of India and others (2009) 9 SCC 24;
Mallikarjuna Rao and others Versus State of Andhra Pradesh and others (1990) 2 SCC 707;
(2013) 7 SCC 685 [Commissioner of Police
Management of Reserve Bank of India
Kerala State Science & Technology Museum v. Rambal Co, reported in (2006) 6 SCC 258, (Page 262
T.A. Hameed v. M.Viswanathan, reported in (2008) 3 SCC 243, (Page 245
Saquib Abdul Hameed Nachan v. State of Maharashtra, reported in (2010) 9 SCC 93 (page 102
Kunhayammed v. State of Kerala
Khoday Distilleries Ltd., v. Mahadeswara S.S.K. Ltd.
Abbai Maligai Partnership Firm v. K.Santhakumaran
Gangadhara Palo v. Revenue Divisional Officer
(2013) 6 CTC 423 [J.Alex Ponseelan Versus The Director General of Police, Tamil Nadu
S.Sundaram Pillai and others Versus V.R. Pattabiraman and others
Jainendra Singh Versus State of Uttar Pradesh through Principal Secretary
Jainendra Singh Versus State of U.P. And others 2012 (5) Supreme 215;
Kendriya Vidyalaya Sangathan and others Versus Ram Ratan Yadav (2003) 3 SCC 437;
Veeramani v. State of Tamil Nadu
Kesavananda Bharathi v. State of Kerala
Shri Manni Lal v. Shri Parmai Lal and others
K.Thimmappa v. Chairman Central Board of Directors, SBI
E.P. Royappa v. State of Tamil Nadu
Maneka Gandhi v. Union of India
Nair Service Society v. State of Kerala
Commissioner of Police v. Mehar Singh
Inspector General of Police v. S.Samuthiram reported in (2013) 1 SCC 598, the Apex Court
Pawan Kumar v. State of Haryana and another 1996 (4) SCC 17;
Virabhagu v. The Union of India 2005 (1) CTC 429;
Jainendra Singh Versus State of Uttar Pradesh (2012) 8 SCC 748;
Khoday Distilleries Limited Versus Mahadeswara S.S.K. Ltd (2012) 12 SCC 291;
Rajamouli Versus A.V.K.N. Swamy (2001) 5 SCC 37;
Gangadhara Palo Versus Revenue Divisional Officer (2011) 4 SCC 602;
RBI v. Bhopal Singh Panchal [(1994) 1 SCC 541];
Sundaram Pillai v. Pattabiraman (1985) 1 SCC 591;
Pawan Kumar Versus State of Haryana and another AIR 1996 SC 3300;
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