JUDGMENT :

R. Subbiah, J.

1. The Sub-Inspectors of Police (Men), who were recruited in the year 1994-1995, either through Direct Recruitment or In-service Candidates, have waged a pitched battle for fixation of inter se Seniority by filing these Writ Petitions/Writ Appeal.

2. The brief facts which are necessary for disposal of these cases are narrated hereinafter:

3. The Director General of Police & Chairman of Tamil Nadu Uniformed Services Recruitment Board (in short Board) had issued Notification, dated 1.1.1994 inviting Applications for Selection and Appointment of 500 Sub-Inspectors of Police by Direct Recruitment. As per the aforesaid Notification, dated 1.1.1994, aspiring Candidates must have completed 20 years of age and should not be more than 30 years as on 1.1.1994. In the recruitment drive, the Departmental Candidates also applied, however, most of them had crossed 30 years and therefore, they could not be considered and their Applications were returned on the ground of not fulfilling the age criteria. Aggrieved by the same, some of the In-service Candidates working in the Police Department approached the erstwhile Tamil Nadu Administrative Tribunal (Tribunal for brevity) by filing O.A. No. 1368 of 1994, etc. batch seeking to assail the action of the Board in rejecting their claim in spite of the fact that they have put in five years or more service in the Department and prayed to direct the official Respondents to give preference to them in the recruitment drive. The Tribunal, by an Order, dated 18.1.1995 held that the Departmental Candidate also must be given preference by conducting a special selection from among the Graduates working in the Department, who have completed about five years of service against the Direct Recruitment quota. In effect. The Tribunal held as follows:

"It would therefore be desirable that a special selection is made from among the graduates working in the Department, who have completed about five years of service against the Direct Recruitment quota. Considering that the Direct Recruitment quota is not fully utilised, such requirement would facilitate the filling up of the quota at the same time provide opportunities for advancement to the departmental personnel. If such selection is taken up the relaxation to enable these Applicants to participate in the current selection will not be necessary."

(emphasis supplied)

4. Pursuant to the above Order, dated 18.1.1995 of the Tribunal, the Government also issued G.O. Ms. No. 1054, Home (Police-III) Department, dated 13.7.1995 directing the Board to earmark 20% of vacancies in the selection for Direct Recruitment of Sub-Inspector of Police from among in Service Candidates, who otherwise satisfied the other criteria for such selection. It directed that such In-service Candidates who had completed five years of service were eligible for being recruited in the 20% quota earmarked for them. It stipulated that they should have a clean track of record without subjecting themselves to any Disciplinary proceedings, minor punishments or black mark, reprimand or censure in the five years preceding the date of Notification of selection. It was further stated therein in Para No. 4 of the Order that the "inter se Seniority of the Candidates selected against this recruitment would be above those selected in the open competition in that year". In other words, qualifying In-service Candidates were entitled to Seniority over the selected Candidates from the open competition. For the sake of clarity, the content of G.O. Ms. No. 1054, dated 13.7.1995 is produced below:

"At present, selection to the post of Sub-Inspectors of Police Men (Direct Recruitment) is conducted by the Tamil Nadu Uniformed Services Recruitment Board. In order to encourage the Police Constables and Head Constable to enhance their efficiency and Educational qualification for early promotion as Sub-Inspector of Police, it is considered that a 20% reservation could be made in the Direct Recruitment to