S.SARAVANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL the writ petitioners in these petitions belong to 1979 recruited batch of Sub Inspectors of Police and their claim is that they should be conferred seniority on the basis of ranking given to them by Police Training College. Their contention is that such issue was raised before this Court by two of the candidates who were selected as Sub-Inspectors of Police by direct recruitment in the year 1976 and afterwards underwent training in the Police Training College and thereafter were appointed as Sub-Inspectors of Police in Tamil Nadu Police Subordinate Service.

(2.) A Division Bench of this Court in W.P.Nos.38792 and 38793 of 2003 in the Order dated 10.9.2007 has held that the Special Rules of Tamil Nadu Police Subordinate Service as amended by G.O.Ms.No.767 Home (Pol.III) dated 28.3.1985, by which, a proviso was included, which stood as follows:

(3.) IT is also brought to the notice of this Court that the Honourable Apex Court in the decision in KUNHAYAMMED Vs. STATE OF KERALA (2000) 6 SCC 359) while laying down the various principles regarding jurisdiction of the Supreme Court with regard to Article 136 of the Constitution of India has held that mere pendency of an application seeking leave to appeal does not put in jeopardy the finality of the decree or order sought to be appealed to the Supreme Court and once a special leave has been granted, the order impugned before the Supreme Court becomes an order appealed against and no court can take up any application etc in respect of the issue pending before the Supreme Court.