Seniority for police constables is determined by actual appointment date, not selection date, as upheld by the court.

ORDER :

These Writ Petitions have been filed seeking a Writ of Mandamus to direct the second respondent to revise the seniority of the petitioners in the cadre of their appointment as Grade-II Police Constables by placing their names alongside similarly selected Grade-II Police Constables for the recruitment year 1992, and on par with the selected candidates, and to include their names at the bottom of the 1997–1998 Grade-II Police Constables recruitment list.

2. After hearing the learned counsel for the petitioners and the learned Additional Advocate General for the State, I find that similarly placed persons had filed W.P. Nos. 8457 of 2011, 16876 of 2013, and 348 of 2017 on the very same point, and by an order dated 24.02.2025, the cases were rejected. Furthermore, the Division Bench of this Court, in W.A. No. 30 of 2022, by an Order dated 20.12.2022, also rejected the relief sought by similarly placed persons.

3. The crux of the issue is that the petitioners seek a re-fixation of their seniority in parity with similarly recruited individuals from the year 1992.

4. The learned Additional Advocate General for the respondents based on the counter and stated that:

(i) During the year 1992-1993, the Tamil Nadu Uniformed Services Recruitment Board initiated the selection process for the recruitment of 10,000 Grade II Police Constables. A final list of 10,624 candidates was prepared by the Tamil Nadu Uniformed Services Recruitment Board for appointment as Grade II Police Constables. While preparing the selection list on communal rotation, 376 posts reserved for Scheduled Castes/Scheduled Tribes could not be filled due to the non-availability of candidates from these communities. Based on certain representations, it was proposed that these vacancies be filled by candidates from other communities. Consequently, candidates from other communities were sent for a medical examination and deemed fit for appointment as Grade II Police Constables.

(ii) The 376 backlog vacancies, which were earmarked for Scheduled Castes/Scheduled Tribes candidates, were filled through special recruitment during the selection of 10,000 Grade II Police Constables in 1995-96. The selected candidates were appointed after completing their training. Hence, the Government decided to discontinue further action regarding the appointment of the 376 candidates from other communities.

(iii) At that time, many Original Applications previously filed by the candidates were pending before the Tamil Nadu Administrative Tribunal. The then Hon'ble Chief Minister, while presenting the Police Demand for the year 1999-2000 in the Assembly on 10.05.1999, announced that these excess candidates, selected over and above the required number in the 1992-93 selection list for Grade II Police Constables, would be absorbed in future recruitment, with age relaxations where necessary.

(iv) Accordingly, the second respondent sent a proposal to the Government (the first respondent) in this regard. The Government, in G.O.Ms.No.1339, Home (Police III) Department, dated 01.10.1999, issued orders to appoint the 329 candidates who had been selected in 1992-1993 in excess of the notified vacancies for 10,000 Grade II Police Constables. These candidates were to be appointed as Grade II Police Constables, with relaxations on the age, communal rotation, sports quota, and 30% reservation for women, as a one-time measure.

(v) The Government also issued orders that these 329 candidates would undergo police verification again. Their seniority would be reckoned by placing them below the 4000 Grade II Police Constables (Men) selected during the 1997-1998 recruitment. These 329 candidates were to be sent for the prescribed training immediately, with the establishment of a temporary training school if necessary.

5. These petitioners have been joined pursuant to Clause 8 of the appointment order, which follows the announcement made by the Hon'ble Chief Minister on the floor of the Assembly on 10.05.1999.

6. The Govern