LAWS(MAD)-2024-4-149

S. STEPHEN Vs. SECRETARY TO GOVERNMENT, HOME

Decided On April 23, 2024
S. Stephen Appellant
V/S
Secretary To Government, Home Respondents

JUDGEMENT

(1.) The issue that arise for consideration in both the Writ Petitions is one and the same and as such both the matters were heard and being disposed of by this Common Order.

(2.) The Petitioner in W.P. No.22959 of 2018 and the Petitioners 1 to 7 in W.P. No.24643 of 2021 and the 3rd Respondent in both the Writ Petitions namely, Muthumanickam have participated in the recruitment process undertaken by the Tamil Nadu Uniformed Services Recruitment Board in the year 1994 to 1995. The Petitioners, in both the Writ Petitions were selected and appointed as Sub-Inspector of Police (Category 1) in the year 1996 and whereas the Respondent No.3, who also participated in the very same recruitment process was appointed as Reserve Sub-Inspector of Police (Category-2) on 2/6/1997. The post of Sub-Inspector of Police in Category-2 under Class-1 of Tamil Nadu Police Subordinate Service is also called as Taluk Police Category-1, whereas the Respondent No.3 was appointed as Reserve Sub-Inspector of Police (Armed Reserve), which is a Category-5 of Class-1 of Tamil Nadu Police Subordinate Service, which is commonly referred to as Category-2.

(3.) Thereafter, the Petitioners and the Respondent No.3 were considered for further promotion to the post of Inspector of Police and depending upon the availability of vacancies and seniority in the respective streams, they were promoted as Inspector of Police and then to the post of Deputy Superintendent of Police in the respective stream. The Respondent No.3 herein, though less meritorious at the time of initial recruitment to the post of Sub-Inspector of Police in the recruitment process that was undertaken during the year 1994-1995, was promoted to the post of Inspector of Police and Deputy Superintendent of Police in Armed Reserve ahead of the Petitioners because of the availability of the vacancies or because of certain fortuitous circumstances that prevailed in the stream of Armed Reserve.