IMPORTANT POINT
The petitioners were entitled to the benefit of FR 22-B, and the respondent authorities were directed to re-fix the scale of pay of the petitioners by giving them the benefit of FR 22-B.

ORDER :

(Prayer in W.P.Nos.13033, 17937 of 2020 and 5677 of 2021: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to order of the 1st Respondent in G.O (Ms) No.249 Home Police-III department dated 6.7.2020 and quash the same and consequently direct the respondent to fix the scale of pay of petitioners as per FR 22-B by fixing initial pay in the time scale int he post of Sub-Inspectorsat the stage next above the pay notionally arrived at by increasing their pay in respect of last drawn salary in the post Head constable by one increment at the stage at which such pay had accrued and grant all the arrears and other benefits including counting of the past service for the purpose of pension gratuity and all other attendant benefits from the date of appointment as Sub Inspector.

In WP.No.10747, 12783, 12966 & 18507 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the order issued by the 1st respondent in G.O.(MS) No.760 Home (Police-3) Department dated 16.10.2017 the portion regarding fixation of seniority in Para 16 of appointment order of petitioners and the consequential order of 2nd respondent herein in Rc.No.961309/Rect.11(2)/2020 dated 29.03.2021 and quash the same and consequentially direct the respondents to re-fix the seniority recruited of petitioners along with their batch mates Sub-Inspectors in 1997-98 batch and place them in appropriate place based on the marks obtained by petitioners in Police Training College as per rule 25(a) of Special Rules Tamil Nadu Police Subordinate Service irrespective of the date of reporting to duty by including the petitioners as per G.O.Ms.No.556 Home (Police III) Department dated 31.12.2020 and grant all consequential service, monetary and other attendant benefits flowing there from.)

1. Heard Mr.V.Prakash, Mr.N.Vijay Narayan, Mr.P.Wilson and Mr.G.Sankaran, learned Senior Counsels for the petitioners; Mr.P.Kumaresan, learned Additional Advocate-General, assisted by Mr.G.Nanmaran, learned Special Government Pleader and Mr.J.David, learned Government Advocate for respondent State; Mr.M.Devaraj and V.Lakshmi Narayanan for M/s.K.M.Vijayan Associates, learned counsel for the private respondents.

2. These are another set of litigations filed by the petitioners, who after a long battle got their recruitment to the post of Sub-Inspector of Police.

3. A short prelude about the origin, advent and the claim made by the petitioners:

3.1. The Tamil Nadu Uniformed Services Recruitment Board [for short, “TNUSRB”] invited applications for selection to the post of Sub-Inspectors of Police by way of direct recruitment from open market and from departmental candidates for the year 1997-1998. The selection was made on range-wise basis instead of State-wise and that had caused several Original Applications be filed before the Tamil Nadu Administrative Tribunal in O.A.No.9825 of 1998 etc. batch, as the candidates who secured low marks got selected in view of range-wise distribution of selection and the candidates who secured high marks were deprived of the opportunity to get selected.

3.2. The Tamil Nadu Administrative Tribunal has passed an order directing the State Government to give appointment to all the applicants who had secured higher marks than the other candidates who appeared from other zones. However, the recruitment was not set aside by taking into consideration of the fact that the selectees have already been appointed and they are in service.

3.3. Challenging the order of the Tamil Nadu Administrative Tribunal, writ petitions, being W.P.No.17639 of 2001 and batch, have been filed. A Division Bench, which has dealt with the writ petitions, has taken into consideration of several circumstances that occurred subsequent to the selection. Even though the recruitment was to fill up 1000 posts of Sub-Inspector of Polic