ORDER

This Writ Petition is filed, seeking for a direction to the respondents 1 and 2 to include the petitioner's name in the counselling list scheduled to be held from 27.08.2018 to 12.09.2018, for the posts in Group II A service (2017-2018) namely, Combined Civil Service Exam-II (Non-Interview Post) and consequently, direct the respondents 1 and 2 to issue appointment order to the petitioner for a suitable post.

2.The petitioner is a retired Head Constable. After serving 21 years and 8 months of service in the Border Security Force (hereinafter referred to as 'BSF'), he retired on 31.10.2016. After his retirement, he had registered his service with the Ex-Servicemen Welfare Association at Arumbakkam, Chennai and he was confirmed with the declaration as Ex-Serviceman. The first respondent called for application for appointment of various posts in Group II A Service (2017-2018) namely, Combined Civil Service Exam-II (Non-Interview Post) for filling up 1953 vacancies. As per the said notification, 5% reservation was made to Ex-Servicemen. The petitioner has possessed all the required qualification and applied for the said post under 5% reservation quota for Ex-Servicemen. The petitioner was successful in the written examination, which was held on 06.08.2017 and was placed in 44th rank under Ex-Servicemen rank list and overall rank is 70617 in Statewide rank list. The petitioner has appeared for certificate verification on 20.07.2018 and he was informed that he will be called for counselling, within a short time. The respondents 1 and 2 have published a list on 14.08.2018 and the petitioner's name was not found in the said list. On verification, the second respondent informed the petitioner that he had served in the BSF and therefore, he cannot be considered as Ex-Serviceman.

3.The learned counsel appearing for the petitioner contended that the Government of India, Ministry of Home Affairs, in the proceedings dated 30.11.2012, published that CRPF, BSF, CISF and ITBF, SSB will also fall under the Ex-Central Armed Police Force Personnel (Ex-CAPF Personnel) category and by the communication of the third respondent dated 23.11.2012, the fourth respondent was duly informed and directed to extend the benefits under State and Union Territories to the retired CRPF, BSF, CISF and ITBF, SSB persons with Ex-Serviceman status. He relied on the order of Kerala High Court in the matter of V.Thulasi Naiar Vs. The Chief Army Staff and others made in W.P.No.23422 of 2013 and prayed for allowing the Writ Petition.

4.The learned counsel appearing for the third respondent has filed counter affidavit and contended that by the office memorandum, No.27011/100/2012-R&W, dated 23.11.2012, (Annexure-1), the third respondent has intimated that Cabinet Committee on Security has approved the proposal to declare retired Central Armed Police Force Personnel from Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetian Border Police (ITBP) and Sashastra Seema Bal (SSB) as “Ex-Central Armed Police Force Personnel”(Ex- CAPF Personnel). Further, based on such designation, the State Government and UT Administrations may extend suitable benefits to them on the lines of the benefits extended by the State and UT Government to the Ex-Servicemen of Defence Forces.

5.The 5th respondent has filed counter affidavit, wherein he has referred various Government Orders and stated that the Government, by G.O.Ms.No.762, Public (Ex-Servicemen) Department, dated 29.08.2002, have reserved 5% of the posts for Ex-Servicemen in Group 'C' category. The said reservation applies only to the Ex-services Personnel of Armed Forces (Army, Navy and Airforce). The petitioner is not an Ex-Serviceman and hence, he is not entitled for appointment under Ex-Servicemen category.

6.The learned Government Advocate appearing for the respondents 4 and 5 has also filed a communication dated 19.02.2013, issued by the Government of Tamil Nadu, Mi