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2024 Supreme(Online)(MAD) 1372

HIGH COURT OF MADRAS
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
P.Stephen – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates:
Mr.MA.Gowthaman, Mr.P.Kumaresan, Mr.R.Bharanidharan, Mr.R.Vijayakumar, Mrs.Dakshayani Reddy, Ms.S.Suneetha, Mr.P.Chandrasekaran

ORDER

A. The Petitions:

    The present writ petition is filed challenging the impugned G.O.Ms.No.301, Home (Police-1A) Department, dated 02.08.2021, in and by which, the seniority of the respondents 4 and 5 are fixed as 4 A1 and 4 A2 in the post of Deputy Superintendent of Police [for brevity, hereinafter referred to as “DSP”] for the purpose of considering for promotion to the next higher post of Additional Superintendent of Police [for brevity, hereinafter referred to as “Adl. SP”] (Category – 1) for the year 2020-2021 and the panel vide G.O.Ms.No.325, Home (Police-1A) Department, dated 17.12.2021 prepared for promotion to the post of Adl. SP (Category – 1) for the year 2020-2021 and the consequential Police Note No.2 dated 24.03.2022, promoting and posting them as Adl. SP (Category – 1) for the year 2020-2021.

B. The Case of the Petitioner:

2. The facts, that are relevant for the disposal of the present writ petition, are culled out hereunder:

    (i) There were vacancies in the DSP post (Category – 1) in Class II of the Tamil Nadu Police Service. Recruitment to the said post is under the Special Rules framed under Article 309 of the Constitution of India, which read as follows:
    Class (1) Me

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