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Madras High CourtWA/1701/2024dismissed

R. Pandiyan v. The State Of Tamil Nadu

2025-06-12Honourable Mr Justice R. Subramanian,Honourable Mrs.Justice K. Govindarajan Thilakavadi15 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.A Nos. 1701, 1709, 1828, 1396, 1541, 1702, 1704 and 1728 of 2024 and CMP Nos.10842, 12144 and 13166 of 2024 W.A.No.1701 of 2024

1. R. Pandiyan 2.K.Sugumaran 3.P.Balakumaraswamy 4.Kavirajan ... Appellants Vs

1. The State Of Tamil Nadu Rep by Additional Chief Secretary to Government, Home( Police III) Department, Fort St George,Chennai- 09.

2.The Director General Of Police Office of DGP, Post Box No.601, Dr.Radhakrishnansalai, Mylapore, Chennai- 600 004.

3.C.Sumathi 4.M.R.Rajesh 5.T.Kirubanithi 6.R.Subbiah 7.G.Saiganesh 8.N.Rajkumaran ... Respondents 1/15

WA No. 1709 of 2024

1. M R Raja Robert 2.S.Sivaraja 3.K.Janakan ... Appellants Vs

1. The State of Tamil Nadu Rep by Additional Chief Secretary to Government, Home (Police III) Department, Fort St George,Chennai- 09.

2.The Director General of Police Office of DGP, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.

3.Mr.B.Arul Murugan, 4.Mrs.P.Arul Jothi, 5.Mr.T.Vinoth Kumar, 6.Mr.R.Hariharasugan, 7.Mr.K.Vignesh Prabhu, (R3 to R7 impleaded vide order dt 29.07.2021 made in WMP.14761/2021 in WP.12966/2021 by SSSRJ) 8.C.Sumathi 9.M.R.Rajesh 10.T.Kirubanithi 11.R.Subbiah 12.G.Saiganesh (R8 to R12 impleaded vide order dt 26/11/2021 made in WMP.18448/2021 in WP.12966/2021 by VPNJ) 13.H.Saravanan 14.V.Rajaganes 15.G. Sankara Subramanian, 16.G. Mahalakshmi, 17.M. M. Selvaragavan, 18.M.Ravivarman, 19.R. Vimal, 20.M.Ramesh 21.P.Natarajan 2/15

22.M.Velumani 23.S.Ramya 24.P.Vetrichelvi 25.P.Devi 26.R.Arivalagan 27.K.Muthulakshmi 28.B.Praveen Kumar 29.S.Ganesan 30.S.Nazeer 31.N.Sudha 32.P.Jayalakshmi 33.K. Jayandra Sarawathi, 34.A. Manimanogaran, 35.K. SANTHI,W/o. Shankar, 36.M. Mohammed Buhari, 37.K. Saravanan, 38.U.Senthilnathan 39.V.Baskaran 40.R.Sankar 41.K.Thirunavukarasu 42.S.Ramesh 43.S.Balasubramaniam 44.R.Senthilkumar 45.N.Senthil Kumar 46.G.Rajesh Kannan 47.D.Thangavel 48.N.Sriraman ... Respondents WA No. 1828 of 2024

1. U.Senthilnathan 2.V.Baskaran 3.R.Sankar 4.K.Thirunavukarasu 5.S.Ramesh 6.S.Balasubramaniam 7.R.Senthilkumar 8.N.Senthil Kumar 9.G.Rajesh Kannan 10.D.Thangavel 11.N.Sriraman ... Appellants 3/15

Vs

1. The State of Tamil Nadu Rep by Additional Chief Secretary to Government, Home (Police III) Department, Fort St George,Chennai- 09.

2.The Director General of Police Office of DGP, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.

3.Mr.B.Arul Murugan, 4.Mrs.P.Arul Jothi, 5.Mr.T.Vinoth Kumar, 6.Mr.R.Hariharasugan, 7.Mr.K.Vignesh Prabhu, (R3 to R7 impleaded vide order dt 29.07.2021 made WMP.14761/2021 in WP.12966/2021 by SSSRJ) 8.C.Sumathi 9.M.R.Rajesh 10.T.Kirubanithi 11.R.Subbiah 12.G.Saiganesh (R8 to R12 impleaded vide order dt 26/11/2021 made in WMP No.18448/2021 in WP.12966/2021 by VPNJ) 13.H.Saravanan 14.V.Rajaganes 15.G. Sankara Subramanian, 16.G. Mahalakshmi, 17.M. M. Selvaragavan, 18.M.Ravivarman, 19.R. Vimal, 20.M.Ramesh 21.P.Natarajan 22.M.Velumani 23.S.Ramya 4/15

24.P.Vetrichelvi 25.P.Devi 26.R.Arivalagan 27.K.Muthulakshmi 28.B.Praveen Kumar 29.S.Ganesan 30.S.Nazeer 31.N.Sudha 32.P.Jayalakshmi 33.K. Jayandra Sarawathi, 34.A. Manimanogaran, 35.K. SANTHI,W/o. Shankar, 36.M. Mohammed Buhari, 37.K. Saravanan, (R13 to R37 impleaded as per order dated 07.12.2023 in WMP No.

24102/2022 in WP.12966/2021 BY RNMJ) 38.M.G.Raja Robert 39.S.Sivaraja 40.K.Janakan ... Respondents WA No. 1396 of 2024

1. S.Ramachandran 2.R.Velmurugan 3.S. Raja 4.S. Selvam 5.P. Jeyakumar ... Appellants Vs

1. The State of Tamilnadu Rep by Additional Chief Secretary to Government Home (Police III) Department Fort St George Chennai 09 2.The Director General of Police Office of DGP, Post Box No. 601 Dr Radhakrishnan Salai Mylapore Chennnai 600 004 5/15

3.Mr.B.Arul Murugan, 4.Mrs.P.Arul Jothi, 5.Mr.T.Vinoth Kumar, 6.Mr.R.Hariharasugan, 7.Mr.K.Vignesh Prabhu, (R3 to R7 impleaded vide order dt 29.07.2021 made in WMP.14755/2021 in WP.12783/2021 by SSSRJ) 8.C.Sumathi 9.M.R.Rajesh 10.T.Kirubanithi 11.R.Subbiah 12.G.Saiganesh, (R8 TO R12 impleaded vide order dt 26/11/2021 made in WMP.25631/2021 in WP.12783/2021 by VPNJ) 13.K.Magesh Kumar 14.S.Suresh 15.S. Ashok Kumar 16.N.K. Arumugam 17.C. Vino Jeyakumar 18.R.Gunaseelan 19.G.Venkatesan 20.S.Kumar 21.M. Selvaraju 22.G.Rajendran 23.J. Kirubanathan 24.P.Sivakumar 25.G.Janarthanan 26.P.Perumal 27.K. Prabhakaran 28.M.Divakar 29.R.Anandan 30.P.Mageswaran 31.S.Ramachandran ... Respondents WA No. 1541 of 2024

1. G.Soorian 2.P.Murugan ... Appellants 6/15

Vs

1. The State of Tamil Nadu Rep by Additional Chief Secretary to Government Home (Police III ) Department, Fort St George, Chennai- 09.

2.The Director General of Police Office of Director General OF Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.

3.S.Ponraja ... Respondents WA No. 1702 of 2024

1. S. Ashok Kumar 2.N.K. Arumugam 3.C. Vino Jeyakumar 4.R.Gunaseelan 5.G.Venkatesan 6.S.Kumar 7.M. Selvaraju 8.G.Rajendran 9.J. Kirubanathan 10.P.Sivakumar 11.G.Janarthanan 12.P.Perumal ... Appellants Vs

1. The State of Tamilnadu Rep by Additional Chief Secretary to Government Home (Police III) Department Fort St George Chennai 09 2.The Director General of Police Office of DGP, Post Box No. 601 Dr Radhakrishnan Salai Mylapore Chennnai 600 004 3.Mr.B.Arul Murugan, 4.Mrs.P.Arul Jothi, 7/15

5.Mr.T.Vinoth Kumar, 6.Mr.R.Hariharasugan, 7.Mr.K.Vignesh Prabhu, (R3 TO R7 impleaded vide order dt 29.07.2021 made in wmp.14755/2021 in WP.12783/2021 BY SSSRJ) 8.C.Sumathi 9.M.R.Rajesh 10.T.Kirubanithi 11.R.Subbiah 12.G.Saiganesh, (R8 TO R12 impleaded vide order dt 26/11/2021 made in wmp.25631/2021 IN WP.12783/2021 BY VPNJ) 13.S.Ramachandran 14.K.Magesh Kumar 15.S.Suresh 16.R.Velmurugan 17.S. Raja 18.S. Selvam 19.K. Prabhakaran 20.M.Divakar 21.R.Anandan 22.P.Mageswaran 23.S.Ramachandran 24.P. Jeyakumar ... Respondents WA No. 1704 of 2024 S.Ponraja ... Appellant Vs

1. The State Of Tamil Nadu Rep by Additional Chief Secretary to Government Home (Police III ) Department, Fort St George, Chennai- 09.

2.The Director General Of Police Office of DGP, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.

8/15

3.G.Soorian 4.P.Murugan ... Respondents WA No. 1728 of 2024 N.Rajakumaran ... Appellant Vs

1. The State Of Tamil Nadu Rep by Additional Chief Secretary to Government, Home( Police III) Department, Fort St George,Chennai- 09.

2.The Director General Of Police Office of DGP, Post Box No.601, Dr.Radhakrishnansalai, Mylapore, Chennai- 600 004.

3.C.Sumathi, 4.M.R.Rajesh, 5.T.Kirubanithi, 6.R.Subbiah, 7.G.Saiganesh 8.R.Pandiyan 9.K.Sugumaran 10.P.Balakumaraswamy 11.Kavirajan ... Respondents PRAYER in W.A.No.1701 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set aside the order passed in WP No.10747 of 2021 dt. 14.03.2024. PRAYER in WA No. 1709 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set aside the order passed in WP.No.12966/2021 dated 14-03-2024 and thus render justice 9/15

PRAYER in WA No. 1828 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set-aside the order passed by the learned Judge in W.P.No. 12966 of 2021 dated 14/03/2024. PRAYER in WA No. 1396 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set aside the order passed by the learned Judge in W.P.No. 12783 of 2021 dated 14/03/2024. PRAYER in WA No. 1541 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set aside the order passed in WP No. 18507 of 2021 dated 14.03.2024. PRAYER in WA No. 1702 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set aside the order passed in W.P. No. 12783 of 2021 dated 14-03-2024. PRAYER in WA No. 1704 of 2024 Writ Appeal under Clause 15 of the Letters Patent to set aside the order passed in W.P. No. 18507 of 2021 dated 14-03-2024 and thus render justice.

PRAYER in WA No. 1728 of 2024 To set-aside the order passed by the learned Judge in W.P.No. 10747 of 2021 dated 14/03/2024.

For Appellants 1,3 and 4 in W.A.No.1701 of 2024, Appellants 1,2,4 to 7, 10 and 11 in W.A.No.1702 of 2024, Appellants in 1704 and 1709 of 2024 :

Mr.P.Arumugavel For Appellant No.2 in W.A.No.1701 of 2024 and Appellants 3, 8, 9 and 12 in W.A.No.1702 of 2024 Mr.M.Ravi 10/15

For Appellants in W.A.Nos.1728, 1828,1396 and 1541 of 2024 :

Mr.K.Venkataramani Senior Counsel for M/s.M.Muthappan For Respondents 1 and 2 in W.A.No.1701, 1702,1704, 1728, 1828, 1396 and 1541 of 2024 :

Mr.P.Kumaresan, Additional Advocate General Assisted by Mr.P.Anandakumar Government Advocate For Other Respondents in Writ Appeal Nos. 1701, 1702,1704 and 1709 of 2024 :

W.A.No.1701/2024 : R5, R6 to R8 - Unclaimed W.A.No.1702/2024 :

Mr.M.Premkumar for R14 Mr.M.Saravanakumar for R23 R5, R6, R13, R18, R20, R22 and R24 - Served, R21 - Died R15 and R19 - Unclaimed R16 - Tapal not yet received R17 - No such person W.A.No.1704 of 2024 :

R3 - Served, No appearance W.A.No.1709 of 2024 :

No appearance - RR 3, 5, 10 to 15, 16,18, 20, 21 and 23 Not ready in notice - R4, R6 to R9, 17, R22, R24 and R48.

JUDGMENT

(Delivered by R.Subramanian J.) The appellants are aggrieved by the portion of the order of the learned Single Judge, whereby they were not given the benefit of seniority over the others, who were already been selected and appointed. 11/15

2. This very order of the learned Single Judge was subject matter of challenge in W.A.Nos.1350 of 2017 etc., batch and by an order dated 23.04.2018, while dismissing the appeals as infructuous since the Government had implemented the order of the learned Single Judge appointing 77 candidates who had secured higher marks than the lowest cut-off marks, in terms of the earlier orders of the Division Bench and the Hon'ble Supreme Court, the Division Bench had made it clear that the benefit of the selection would be only from the date of issuance of the appointment order prospectively and the seniority list will have to be prepared on the basis of the date of reporting. Therefore, the issue relating to seniority has been finally determined by the Division Bench in its order dated 23.04.2018. For the purpose of clarity, we extract Paragraph 7 of the order of the Division Bench, which reads as follows: "

7. Since out of 88, pursuant to the direction given by this Court, the Government has accommodated 77 persons, who satisfied the minimum cut-off marks in the District wise selection, we are of the considered view that the above writ appeals filed by the Government as against the order passed by the learned Single Judge has become infructuous and hence, the above Writ Appeals are disposed of. However, so far as those persons who are selected, the benefit of their selection would be only from the date of the issuance of appointment order prospectively. Since it is found that the Government has 12/15

considered selection of 77 persons and their appointment orders would come into effect from the date of reporting for duty, seniority list has to be prepared on the basis of reporting and they are not entitled for any other service benefits over others who were already selected. All the connected miscellaneous petitions are closed. No costs."

3. We therefore do not think that we can allow the appellants to reagitate the very same issue in these appeals. It is claimed that a review has been sought for of the order of the Division Bench dated 23.04.2018 . Leaving it open to the appellants to raise all their contentions in the Review Application, these appeals are dismissed. No costs.

Consequently, connected miscellaneous petitions are closed. (R.S.M.,J.) (K.G.T.,J.) 12.06.2025 KST Index : No Internet : Yes 13/15

To

1. The Additional Chief Secretary to Government Home( Police III) Department, Fort St George,Chennai- 09. 2.The Director General Of Police Office of DGP, Post Box No.601, Dr.Radhakrishnansalai, Mylapore, Chennai- 600 004.

14/15

R.SUBRAMANIAN, J.

AND K.GOVINDARAJAN THILAKAVADI, J.

KST W.A Nos.1701, 1702, 1704, 1709, 1728, 1828, 1396 and 1541 of 2024 12.06.2025 15/15