M. MAHENDRAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of a certiorarified Mandamus seeking records relating to the order of the second respondent dtd. 26/10/2022 and to quash the same. The petitioner seeks that his seniority must the refixed along with those who had been selected and appointed in the process of selection for the year 2012-13 as Grade-II Police Constable on 18/2/2013.

(2.) In the affidavit filed in support of the Writ Petition it had been stated that the petitioner had applied for selection as Grade-II Police Constable through the recruitment process for the year 2012-13. However, he was rejected stating that a Criminal Case had been registered against him. With respect to that particular aspect, the petitioner had filed a Writ Petition in W.P. No.15390/2013. By an order dtd. 20/5/2013, a learned Single Judge of this Court had set aside that particular order, which was impugned in the said writ petition. The operative portion of the said order is as follows:

(3.) Naturally, in pursuance to the above order, the respondent had appointed the petitioner for the batch 2012-13. It is only imperative that his seniority is refixed along with his batchmates. The petitioner had given a representation in this regard. That representation was rejected by the respondents placing reliance on Sec. 40(6) of the Tamil Nadu Government Servants (Condition of Services) Act 2016, which reads as follows: