The court directed the respondents to consider a representation for the restoration of seniority to a previous batch (2003) for an employee whose appointment was delayed due to litigation resulting from a preventive arrest.

Prayer:

This writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioner representation dated 7.8.2025 with regard to restoration of his seniority on par with his batch mates of the year 2003 as per Exception to the Rule 35(F) of State of Subordinate Rules, as his name mistakenly omitted to include in the seniority of the year 2003 in the light of orders of the court made in W.P.No.19872/2018 dated 2.8.2018 and the order of implementation issued by the first respondent dated 24.4.2019 issued in favour of Thiru.K.Paramasivam with all attendant benefits to the petitioner.

For Petitioner(s): Mr. V.Ravikumar

For Respondent(s): Mr.K.Sathish Additional Government Pleader.

Order

The writ petition has been filed seeking a direction to the respondents to consider the petitioner’s representation dated 07.08.2025 with regard to the restoration of his seniority on par with his batch mates of the year 2003 as per the Exception to Rule 35(F) of the Tamil Nadu State and Subordinate Services Rules , as his name was mistakenly omitted from the seniority list of the year 2003 in the light of the orders of the Court made in W.P.No.19872/2018 dated 2.8.2018 and the order of implementation issued by the first respondent dated 24.04.2019 issued in favour of Thiru.K.Paramasivam with all attendant benefits.

2. The petitioner would submit that he is a graduate and was selected for appointment as a Grade-II Police Constable in the recruitment conducted by the Tamil Nadu Uniformed Services Recruitment Board in the year 2003. Owing to the delay in his appointment, he was appointed only in the year 2006. He was subsequently upgraded as a Grade-I Police Constable and has been discharging his duties sincerely without any adverse remarks. The petitioner had successfully cleared the physical endurance test, written examination and certificate verification, and his name was included in the provisional selection list. However, by proceedings dated 19.01.2004, his selection was rejected on the ground that he had participated in a demonstration organised by the Youth Federation of India and was preventively arrested under Section 151 Cr.P.C.

3. Challenging the said rejection, the petitioner filed O.A.No.1233 of 2004 before the Tamil Nadu Administrative Tribunal. The Tribunal, by order dated 26.03.2004, set aside the rejection and directed the respondents to appoint the petitioner. The said order was challenged by the respondents in W.P. No.38154 of 2005. The Division Bench dismissed the writ petition on 25.11.2005, holding that the petitioner had only been preventively arrested and had not committed any offence. Thereafter, the petitioner was appointed only in the year 2006. His grievance is that, though he was selected in the 2003 recruitment, he has been assigned seniority only with the 2006 batch, resulting in the loss of seniority and consequential service and monetary benefits. According to him, his seniority ought to have been fixed based on the marks obtained in the 2003 selection. Though several representations were submitted seeking revision of seniority, no action has been taken. Hence, the present writ petition has been filed seeking revision of his seniority with all consequential service and monetary benefits.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for respondents.

5. Considering the limited scope of the prayer sought in this writ petition, and without expressing any opinion on the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 07.08.2025 and pass appropriate orders on merit