S.Prabakaran v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.12.2017

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.Nos.17534 and 18725 of 2013, W.P.No.12168 of 2015 and W.M.P.No.12422 & 12423 of 2016, W.P.No.14206 of 2016 and W.M.P.Nos.12424, 12425 & 12426 of 2016, W.P.No.14207 of 2016 and W.P.Nos. 29487 & 32975 of 2017 S.PRABAKARAN ... PETITIONER IN WP.17534/2013 1 S.RADHAKRISHNAN ... PETITIONER in WP No.18725 of 2013 2 V.ASHOK KUMAR 3 SENTHILKUMARAN 4 P. CHANDRAMOHAN 5 R.MUTHARASU 6 A.MURUGASAMY 7 K.SRIDAR BABU 8 A.D.MOHAN RAJ 9 K. RAMASAMY 10 M.MADASAMY 11 P.PREMKUMAR 12 S.RAJKUMAR 13 R.VEDARATHINAM 14 S. THIRUNAVUKARASU 15 S.ELANGO

16 M.KARTHIKEYAN DEPUTY SUPERINTENDENT OF POLICE SPECIAL INVESTIGATION TEAM COIMBATORE @ MADURAI 5 LOURDHU NAGAR 8TH STREET K.PUDUR MADURAI 17 M.M.ASHOK KUMAR 18 N.MOHANRAJ 19 ABDULLAH 20 V.R.GAJENDRAKUMAR 21 K.P.S.JEYACHANDRAN 22 R.VEERARAGHAVAN 23 V.VELAN 24 M.KANAGARAJAN 25 P.ARUMUGHAM 26 H.M.SAHUL HAMEED 27 R.GUNASEKARAN 28 S.M.SUBRMANIAM 29 K.SRIDHARAN 30 C.PERIYAIYA 31 P.GANESAN 1 S.SELVARAJ ... PETITIONER in WP No.12168 of 2015 2 G.ARUL 3 P.SASIKUMAR 4 K.VELLUCHAMY 5 A.P.NAGARAJ 6 T.DHANDAPANI 7 P.PALANIYANDI

8 P.ANBURAJ 9 R.JAYAVEERASINGAM 10 A.AYYANAR 11 T.CHELLASAMY 12 M.SARAVANAN 13 P.T.VICTOR 14 J.VIJAYAKUMAR 15 S.SARAVANAN 16 S.P.SUNDARAM 17 M.S.MADASAMY 18 P.SACHITHANADAM 19 S.PRABAKARAN 20 K.DURAISAMY 21 T.RENGANATHAN 22 D.DEVARAJ 23 L.SELVAM 24 J.MAHESHWARALINGAPPA 25 R.RAJASEKARAN 26 G.RAVICHANDRAN 27 R.MOORTHY 28 S.RAVICHANDRAN 29 P.KUMAR 30 T.PONNUSAMY 31 K.KAVIYARASAN

1 RAJESWARAN ... PETITIONER in WP No.14206 of 2016 2 M.SARAVANAN 1 S.CHARLES SAM RAJADURAI ... PETITIONER in WP No.14207 of 2016 INSPECTOR OF POLICE INTELLIGENCE SECTION O/O.COMMISSIONER OF POLICE VEPERY CHENNAI.

2 P.JAWAHAR INSPECTOR OF POLICE J-6 THIRUVANMIYUR POLICE STATION CHENNAI-41.

3 R.VINCENT INSPECTOR OF POLICE PALLAPPATTI POLICE STATION SALEM CITY.

4 M.JUSTIN PRABAKARAN INSPECTOR OF POLICE EB VIGILIANCE MADURAI.

5 K.R.JAISINGH INSPECTOR OF POLICE SPECIAL TASK FORCE ERODE.

6 S.SAMPATH KUMAR INSPECTOR OF POLICE BARGUR POLICE STATION KRISHNAGIRI.

7 PON DURAI PANDIAN INSPECTOR OF POLICE SECURITY BRANCH CID CHENNAI.

8 K.SASIKUMAR INSPECTOR OF POLICE SPECIAL TASK FORCE SATHIYAMANGALAM ERODE DISTRICT.

9 K.MURUGESAN INSPECTOR OF POLICE Q BRANCH CID KRISHNAGIRI DISTRICT.

10 C.UMAPATHY INSPECTOR OF POLICE CBCID COIMBATORE.

11 S.SARAVANA DEVENDRAN INSPECTOR OF POLICE P.C.PATTI POLICE STATION THENI.

12 R.SENTHIL INSPECTOR OF POLICE DISTRICT CRIME BRANCH KRISHNAGIRI DISTRICT.

13 A.PEER BASHA INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING CHIDAMBARAM CUDDALORE DISTRICT.

14 D.SELVAKAN DAVID INSPECTOR OF POLICE S-CID-HQ CHENNAI-4.

15 S.SARAVANA PRABHU INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING ANNA NAGAR CHENNAI.

16 P.PANDITHURAI INSPECTOR OF POLICE SPECIAL INTELLIGENCE UNIT SB-CID TRICHY.

17 G.RAMESH KUMAR INSPECTOR OF POLICE MODERN CONTROL ROOM COIMBATORE.

18 V.V.SIVAKUMAR INSPECTOR OF POLICE PERUNDURAI POLICE STATION ERODE DISTRICT.

19 R.NITHIKUMAR INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION VIRUDHUNAGAR DISTRICT.

20 R.RAMESH KANNAN INSPECTOR OF POLICE CONTROL ROOM COIMBATORE DISTRICT.

21 S.GNANAPRAKASAM INSPECTOR OF POLICE ARACHALUR POLICE STATION ERODE DSITRICT.

22 A.MURUGAN INSPECTOR OF POLICE THENI Q BRANCH THENI DISTRICT.

23 P.ANAND INSPECTOR OF POLICE CHINNAMANNUR POLICE STATION THENI DISTRICT.

24 K.MANIKANDAN INSPECTOR OF POLICE MANDAPAM POLICE STATION RAMESHWARAM SUB-DIVISION RAMNAD DISTRICT.

25 S.BALASUNDARAM INSPECTOR OF POLICE KOTHAGIRI POLICE STATION NILGIRIS.

1 P. JAWAHAR ... PETITIONER in WP No.29487 of 2017 INSPECTOR OF POLICE L & O (SELECTION GRADE) H-1 WASHERMENPET POLICE STATION CHENNAI 600 2 SARAVANA PRABHU INSPECTOR OF POLICE L & O (SELECTION GRADE) B2 ESPLANADA POLICE STATION CHENNAI 600 104 3 P. PANDITHURAI INSPECTOR OF POLICE (SELECTION GRADE) SPECIAL INTELLIGENCE UNIT CB-CID TRICHY 4 G. RAMESHKUMAR INSPECTOR OF POLICE (SELECTION GRADE) SPECIAL INTELLIGENCE UNIT CB-CID TRICHY 5 S. BALASUNDARAM INSPECTOR OF POLICE (SELECTION GRADE) KOTHAGIRI CIRCLE THE NILGIRIS DIST 6 V.V. SIVAKUMAR INSPECTOR OF POLICE (SELECTION GRADE) SATHIYAMANGALAM POLICE STATION ERODE DIST 7 S. GNANAPRAKASAM INSPECTOR OF POLICE (SELECTION GRADE) ARACHALUR POLICE STATION ERODE DIST 8 A. PEER BASHA INSPECTOR OF POLICE (SELECTION GRADE) SHRIMUSHNAM CIRCLE POLICE STATION SETHIYATOPE SUB DIVISION CUDDALORE DIST 9 K. MURUGESAN INSPECTOR OF POLICE (SELECTION GRADE) Q BRANCH CID KRISHNAGIRI DISTRICT

10 K.MANIKANDAN INSPECTOR OF POLICE (SELECTION GRADE) SOCIAL JUSTICE & HUMAN RIGHTS UNIT SIVAGANGA DIST 1 C.R.NAGARAJ ... PETITIONER in WP No.32975 of 2017 ASSISTANT COMMISSIONER OF POLICE ARMED RESERVE COIMBATORE CITY COIMBATORE.

Vs 1.STATE OF TAMIL NADU, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, CHENNAI-9.

1.(A)THE ADDL. CHIEF SECRETARY TO GOVERNMENT HOME DEPT FORT ST. GEORGE, CHENNAI.

2.THE DIRECTOR GENERAL OF POLICE, CHENNAI-4.

...RESPONDENT 1 & 2 IN ALL WP'S 3.THE CHAIRMAN, TAMIL NADU PUBLIC SERVICE COMMISSION, FRAZER BRIDGE ROAD, V.O.C.NAGAR, PARK TOWN, CHENNAI-3.

...RESPONDENT 3 IN WP.NOS.17534 & 18725/13 4.THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, FRAZER BRIDGE ROAD, V.O.C.NAGAR, PARK TOWN, CHENNAI-3.

5.K.RAJESWARAN 6.S.SARAVANAN 7.P.SASIKUMAR 8.P.KUMAR 9.R.MOORTHY 10.M.S.MADASAMY 11.P.ANBURAJ 12.P.SACHIDANANDAM 13.P.JANAGARAJ 14.K.DURAISAMY 15.S.PRABAKARAN 16.M.ATHIYAMAN 17.J.RENGANATHAN

18.D.DEVARAJ 19.G.KALIDAS 20.K.VELUSAMY 21.A.AYYANAR 22.D.KOTTAIVIJAYAN 23.P.PALANIYANDI 24.R.JAGAVEERASINGAM 25.L.SELVAN 26.A.P.NAGARAJ 27.S.PETCHIVELU ... RESPONDENTS [R5 TO R27 IMPLEADED AS PER ORDER OF THIS COURT DT.21.10.13 IN M.P.NO.2/13 IN W.P.NO.17534/13] 3 S.PALANI 4 P.ARUL SEKAR 5 R.RAJESH 6 G.PARANDHAMAN 7 L.NANTHAKUMAR 8 S.MATHIVANAN 9 S.RAJKUMAR 10 D.SINGARAVEL 11 S.ANANDARAJ 12 N.GOVARTHANAN 13 N.VIMALKUMAR (R-3 TO R-13 ARE IMPLEADED AS PER ORDER DATED: 16/12/2016 BY MSNJ IN WMP.33250/2016 IN WP.14206/2016.) ... RESPONDENTs 3 to 13 in WP No.14206 of 2016 3 P.STEPHEN INSPECTOR OF POLICE T1-POLICE STATION AMBATTUR CHENNAI-600 053.

4 V.SEETHARAMAN INSPECTOR OF POLICE CRIME M-5 ENNORE POLICE STATION CHENNAI.

5 E.MCCLARINE ESKHOL INSPECTOR OF POLICE ECONOMIC OFFENCES-II TIRUNELVELI RAMANATHAPURAM DISTRICT.

6 G.AUGUSTINE PAUL SUDHAKAR INSPECTOR OF POLICE CRIME BRANCH CID METRO- 1 CHENNAI.

7 K.SUNDARARAJ INSPECTOR OF POLICE CENTRAL CRIME BRANCH TIRUPPUR CITY COIMBATORE.

8 A.YAKKOOB INSPECTOR OF POLICE Q BRANCH CID CHENNAI.

9 S.UNNIKRISHNAN INSPECTOR OF POLICE SBCID CHENNAI.

10 S.RAMAKRISHNAN INSPECTOR OF POLICE SID CRIME BRANCH CID MADURAI.

11 S.NAMASIVAYAM INSPECTOR OF POLICE DISTRICT SPECIAL BRANCH ERODE DISTRICT.

12 R.KUMARESAN INSPECTOR OF POLICE POLICE COMPUTER WING CHENNAI.

13 G.A.KANNAN INSPECTOR OF POLICE DISTRICT CRIME BRANCH TIRUNELVELI DISTRICT.

14 V.VISWESWARAYYA INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION CHENNAI.

15 K.SARAVANAN INSPECTOR OF POLICE DISTRICT CRIME RECORD BUREAU MADURAI DISTRICT.

16 P.JAYAKUMAR INSPECTOR OF POLICE C5 KORIMEDU CRIME POLICE STATION MADURAI.

17 G.CHANDIRADHASAN INSPECTOR OF POLICE SECRETARIAT ROVING WING SECRETARIAT CHENNAI.

18 M.SOMASUNDARAM INSPECTOR OF POLICE DHARAPURAM L& O TIRUPPUR DISTRICT.

19 A.PHILIP FRANKLIN KENNEDY INSPECTOR OF POLICE BODI TALUK POLICE STATION THENI DISTRICT.

20 R.VENUGOPAL INSPECTOR OF POLICE CB CID METRO WING CHENNAI.

21 T.GOPAL INSPECTOR OF POLICE SPECIAL BRANCH CID HEAD QUARTERS CHENNAI.

22 S.BASKARAN INSPECTOR OF POLICE NAMAKKAL TOWN POLICE STATION NAMAKKAL DISTRICT.

23 T.MATHIALAGAN INSPECTOR OF POLICE OCIU SBCID TRICHY.

24 V.ANIL KUMAR INSPECTOR OF POLICE SECURITY BRACH CID PORT THOOTHUKUDI.

25 R.SOUNDARA RAJAN INSPECTOR OF POLICE AVINASI L & O TIRUPPUR DISTRICT.

26 R.CHANDRA SEKHARAN INSPECTOR OF POLICE VIGILIANCE & ANTI CORRUPTION RAMANATHAPURAM DISTRICT.

27 V.V.THIRUMAL INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION CUDDALORE.

28 S.JUSTIN RAJ INSPECTOR OF POLICE SPECIAL BRANCH C.I.D CHENNAI.

29 N.SURIYAMOORTHY INSPECTOR OF POLICE PEW METTUR SALEM DISTRICT.

30 S.SHANMUGAIAH INSPECTOR OF POLICE VELAMPALAYAM POLICE STATION TIRUPPUR.

31 M.PRAKASH BABU INSPECTOR OF POLICE KELAMBAKKAM POLICE STATION KANCHEEPURAM DISTRICT.

32 S.PANBALAN INSPECTOR OF POLICE SPECIAL TASK FORCE ERODE.

33 G.BALAMURUGAN INSPECTOR OF POLICE MADUKKARAI POLICE STATION COIMBATORE DISTRICT.

34 K.RAMACHANDRAN INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION PUDUKOTTAI DISTRICT.

35 R.SRINIVASALU INSPECTOR OF POLICE SELVAPURAM L&O POLICE STATION COIMBATORE.

36 M.ANNADURAI INSPECTOR OF POLICE ECONOMIC OFFENCES WING CHENNAI.

37 S.PRABHAKARAN INSPECTOR OF POLICE MOB SCRB CHENNAI.

38 K.BALAMURUGAN INSPECTOR OF POLICE KENIKARAI POLICE STATION RAMANATHAPURAM.

39 M.VIVEKANANDAN INSPECTOR OF POLICE NAMBIYURN POLICE STATION ERODE DSITRICT.

40 S.BALAKUMAR INSPECTOR OF POLICE SEMPATTY POLICE STATION DINDIGUAL DISTRICT.

41 S.MURUGAVEL INSPECTOR OF POLICE ARANTHANGAI POLICE STATION PUDDUKOTTAI DISTRICT.

42 N.KOTTIESWARAN INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING CHEYYAR TIRUVANNAMALAI DISTRICT.

43 R.RAVINDRAN INSPECTOR OF POLICE SB CID CHENNAI.

44 S.SATHIYAMOORTHY INSPECTOR OF POLICE COMPUTER WING SCRB CHENNAI.

45 R.ALAGESAN INSPECTOR OF POLICE ELEPHANT GATE L&O CHENNAI POLICE.

46 P.KARUPPIAH INSPECTOR OF POLICE DISTRICT CRIME RECORD BUREAU KARUR DISTRICT.

47 B.SRIDHAR INSPECTOR OF POLICE V&AC ARIYALUR.

48 K.YUVARAJ INSPECTOR OF POLICE AYANAVARAM L&O CHENNAI. 49 N.BALASUBRAMANIAN INSPECTOR OF POLICE OCCU CB CID SALEM.

50 R.RAJ BABU INSPECTOR OF POLICE Q BRANCH CID VILLIPURAM.

51 C.VELUMANI INSPECTOR OF POLICE CHENNIMALAI POLICE STATION ERODE DISTRICT.

52 N.RAVICHANDRAN INSPECTOR OF POLICE SECURITY GREATER CHENNAI.

53 A.RAJENDRAN INSPECTOR OF POLICE ECONOMIC OFFENCES WING CHENNAI.

54 G.HECTOR DHARMARAJ INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION KANIYAKUMARI DISTRICT.

55 R.SANKAR INSPECTOR OF POLICE KEERAITHURAI L&O MADURAI.

56 G.PALANISELVAM INSPECTOR OF POLICE VADAPALANI L & O CHENNAI.

57 G.VELMURUGAN INSPECTOR OF POLICE CRIME BRANCH CID CHENNAI.

58 T.PRABHAHARAN INSPECTOR OF POLICE Q BRANCH CID DINDIGUL.

59 C.NATESAN INSPECTOR OF POLICE INTELLIGENCE SECTION CHENNAI.

60 N.K.SELVARAJ INSPECTOR OF POLICE CCTNS SALEM.

61 S.MUTHUVELPANDI INSPECTOR OF POLICE CENTRAL CRIME BRANCH CHENNAI.

62 P.CHANDRASEKARAN INSPECTOR OF POLICE ECONOMIC OFFENCES WING II COIMBATORE.

63 D.KUMAR INSPECTOR OF POLICE KILPENNATHUR POLICE STATION TIRUVANNAMALAI DISTRICT.

64 I.SUBBIAH INSPECTOR OF POLICE SB CID CHENNAI.

65 N.SUGUMAR INSPECTOR OF POLICE CIVIL SUPPLIES CID TIRUCHIRAPPALLI.

66 M.VETRY CHEZHIAN INSPECTOR OF POLICE TNUSRB CHENNAI.

67 R.ARNOLD EASTER INSPECTOR OF POLICE V4 RAJAMANGALAM POLICE STATION CHENNAI.

68 M.KUMARAGURUPARAN INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION SIC CHENNAI.

69 K.RADHAKRISHNAN INSPECTOR OF POLICE DISTRICT SPECIAL BRANCH DHARMAPURI DISTRICT.

70 G.KRISHNAMOORTHY INSPECTOR OF POLICE CC WING CRIME BRANCH CID COIMBATORE.

71 G.HARIKUMAR INSPECTOR OF POLICE MARINA POLICE STATION L&O CHENNAI.

72 A.J.RAVIKUMARAN INSPECTOR OF POLICE PERARIGNAR ANNA M.G.R.

MEMORIAL POLICE STATION CHENNAI.

73 R.PONNARASU INSPECTOR OF POLICE NALLATINPUDUR POLICE STATION THOOTHUKUDI.

74 N.ARUMUGAM INSPECTOR OF POLICE CONTROL ROOM THOOTHUKUDI DISTRICT.

75 P.KALAISELVAN INSPECTOR OF POLICE OCIU SB CID CHENNAI.

76 P.K.PRAKASH INSPECTOR OF POLICE SCRB CHENNAI.

77 P.GOPALACHANDRAN INSPECTOR OF POLICE SIRUGANUR POLICE STATION TRICHY DISTRICT.

78 K.SANKAR INSPECTOR OF POLICE HOSUR TOWN POLICE STATION KRISHNAGIRI DISTRICT.

79 S.RAMESH BABU INSPECTOR OF POLICE INTELLIGENCE SECTION CHENNAI.

80 A.ANTONY ARI INSPECTOR OF POLICE CRIME BRANCH CID CHENNAI.

81 K.KANAGARAJ JOSEPH INSPECTOR OF POLICE VIGILANCE CELL (JUDICIAL) HIGH COURT OF MADRAS CHENNAI.

82 R.MUTHAMILSELVAN INSPECTOR OF POLICE Q BRANCH CID THANJAVUR. 83 D.SURESH INSPECTOR OF POLICE KATOOR L&O COIMBATORE.

84 S.SOUNDARARAJAN INSPECTOR OF POLICE SID CB CID COIMBATORE.

85 M.SIVANUPANDIAN INSPECTOR OF POLICE TNPA CHENNAI.

86 M.MUTHUKUMAR INSPECTOR OF POLICE SB CID CHENNAI.

87 A.MANIKANDAN INSPECTOR OF POLICE Q BRANCH CID COIMBATORE.

88 K.ASOKAN INSPECTOR OF POLICE CHINNAMANUR POLICE STATION THENI DISTRICT.

89 G.MATHIALAGAN INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION THOOTHUKUDI.

90 H.KRISHNAMURTHY S/O.HALLAN INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI 4 91 S.J.JOHN KENNEDY S/O.SAMRAJ INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI 4 92 A.V.ELAMURUGAN S/O.VELLIYANGIRI INSPECTOR OF POLICE M3 KOVILPALAYAM POLICE STATION COIMBATORE 93 R.MATHIALAGAN S/O.P.RAMACHANDRAN SECURITY CHENNAI POLICE

94 B.MATHEW DAVID S/O.BASKAR DAVID INSPECTOR OF POLICE V & AC CC-IV CHENNAI 95 M.CHELLAMUTHU S/O.MAHALINGAM INSPECTOR OF POLICE E3 TEYNAMPET CRIME CHENNAI.

96 P.KUMARAN S/O.PALANIAPPAN INSPECTOR OF POLICE R-9 VALASARAVAKKAM CRIME CHENNAI.

97 M.JEEVANANDAM S/O.P.R.MATCHAKKALAI INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

98 G.PUGAZHVENDHAN S/O.R.GOVINDASAMY INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

99 G.PRAVINKUMAR S/O.A.GUNASEKAR INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

100 A.SIVARAJAN S/O.S.N.ARUMUGAPANDIAN INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

101 A.T.JAIKUMAR S/O.A.THIYAGARAJAN INSPECTOR OF POLICE B4 SEVVAPET POLICE STATION TIRUVALLUR DIST.

102 M.BALASUBRAMANIAN S/O.M.MARUTHAPPAN INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

103 K.SUTHAKAR S/O.KANAGARAJ INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

104 A.ARUALARASU JUSTIN S/O.ARUL PANDIAN INSPECTOR OF POLICE SBCID RADHAKRISHNAN SALAI MYLAPORE CHENNAI-4.

105 M.VENKATESAN S/O.MEIYAPPAN INSPECTOR OF POLICE D3 ICE HOUSE POLICE STATION CHENNAI.

106 K.RAMAMOORTHI S/O.S.KRISHNASWAMY INSPECTOR OF POLICE POLUR POLICE STATION POLUR SUB DIVISION TIRUVANNAMALAI.

107 M.GUNASEKARAN S/O.MUTHUSAMY INSPECTOR OF POLICE SERIOUS CRIME SQUAD VELLORE DIST.

108 M.LOGANATHAN P.A. MANI INSPECTOR OF POLICE SPECIAL BRANCH VELLORE DIST.

109 M.ARIVAZHAGAN S/O.MUTHUKRISHNAN INSPECTOR OF POLICE VELLORE NORTH POLICE STATION VELLORE.

110 A.T.RAMACHANDRAN S/O.A.THANGAIAH INSPECTOR OF POLICE VELLORE TALUK CIRCLE VELLORE DIST.

111 C.V.VIJAYAKUMAR S/O.M.VELAPPAN INSPECTOR OF POLICE ARCOT TALUK CIRCLE RANIPET SUB DIVISION VELLORE DIST.

112 SRIDHARAN S/O.PERIYATHAMBI INSPECTOR OF POLICE ARAKONAM TOWN POLICE STATION ARAKONAM SUB DIVISION VELLORE.

113 V.E.SENTHIL S/O.EGA MOORTHY INSPECTOR OF POLICE THIRUPATHUR TALUK POLICE STATION VELLORE DISTRICT.

114 N.KARUNAKARAN S/O.A.NATARAJAN INSPECTOR OF POLICE REDHILLS POLICE STATION REDHILLS CHENNAI.

115 S.MURUGAN S/O.SUBRAMANIAN INSPECTOR OF POLICE PALLIKONDA CIRCLE VELLORE DIST.

116 R.RAMESH S/O.RAMALINGAM INSPECTOR OF POLICE BANAVARAM CIRCLE VELLORE DIST.

117 V.S.G.SURESH S/O.V.S.GAJENDRAN INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION TIRUVANNAMALAI TOWN SUB DIVISION THIRUVANNAMALAI DIST.

118 M.T.IRUDHAYARAJ S/O.M.THANGARAJ INSPECTOR OF POLICE THANDARAMBET CIRCLE POLICE STATION TIRUVANNAMALAI RURAL SUB DIVISION TIRUVANNAMALAI DIST.

119 K.ANNADURAI S/O.M.KANNAN INSPECTOR OF POLICE SPECIAL BRANCH CID (DETACHMENT) TIRUVANNAMALAI DIST.

120 K.NILAVAZHAGAN S/O.R.KRISHNAMOORTHY INSPECTOR OF POLICE GUDIYATHAM PEW VELLORE DIST.

121 M.VIJAYAKUMAR S/O.S.MUTHUPONDIYAN INSPECTOR OF POLICE VANDAVASI CIRCLE VANDAVASI SUB DIVISION TIRUVANNAMALAI DIST.

122 R.CHINNARAJ S/O.K.RAMAN INSPECTOR OF POLICE ARNI TALUK POLICE STATION ARNI SUB DIVISION TIRUVANNAMALAI DIST.

123 G.ANNBADURAI S/O.P.GANAPATHY INSPECTOR OF POLICE VIGILANCE CELL (JUDICIAL) TRICHY DETACHMENT TRICHY DISTRICT.

124 K.SRIDHARAN S/O.M.THANGARAJ INSPECTOR OF POLICE KILPENNATHUR POLICE STATION TIRUVANNAMALAI SUB DIVISION TIRUVANNAMALAI DIST.

125 K.THANGAVEL S/O.KALIYAPPA GOUNDER INSPECTOR OF POLICE UTHUKULI POLICE STATION GANGEYAM SUB DIVISION THIRUPPUR DISTRICT.

126 M.N.VISWANATH JAYAN S/O.NARAYANAN PRESENTLY WORKING AS INSPECTOR OF POLICE F-3 NUNGAMBAKKAM POLICE STATION CHENNAI.

127 T.SARAVANAN S/O.A.V.THYAGARAJAN PRESENTLY WORKING AS INSPECTOR OF POLICE KARUNALALKOODAI POLICE STATION METTUR SUB DIVISION SALEM DIST.

128 S.SEENIVASAN S/O.S.G.SIVAN PRESENTLY WORKING AS INSPECTOR OF POLICE DISTRICT SPECIAL BRANCH SALEM DIST.

129 S.KRISHNAN S/O.SADAYANDI PRESENTLY WORKING AS INSPECTOR OF POLICE JALAKANDAPURAM POLICE STATION SALEM DIST.

130 D.KANDASAMY PRESENTLY WORKING AS INSPECTOR OF POLICE DEEVATTIPATTY POLICE STATION SALEM DIST.

(R-90 TO R-130 CONTD.

R-90 TO R-130 ARE IMPLEADED AS PER ORDERS DATED: 18/08/2016 BY B.R. J IN WMPS.21651 & 22156/2016 IN WP NO.14207/2016.) ... RESPONDENTs 3 to 130 in WP No.14207 of 2016 3 P. KODILINGAM INSPECTOR OF POLICE SERIOUS CRIME SQUD TRICHY CITY ... 3rd RESPONDENT in WP No.29487 of 2017 Prayer in W.P.No.17534 of 2013: Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of Mandamus to direct the respondents 1 and 2 to publish immediately a fresh senority list of the Inspectors of Police, Deputy Superintendents of Police and Additional Superintendents of Police duly prepared in accordance with the judgment of a

Division Bench of the Hon'ble Court in W.P.No.20728 of 2012 dated 05.04.2013.

WP No.17534 of 2013 directing respondents 1 and 2 to publish immediately a fresh seniority list of the Inspectors of Police, Deputy Superintendents of Police and Additional Superintendents of Police fuly prepared in accordance with the judgment of a Division Bench of the Honourable court in WP No.20728 of 2012, dated 5.4.2013 WP No.18725 of 2013 to call for the records on the file of the 1st respondent in connection with the orders by him in Letter NO.6196/ Pol.2/20115 dated 28.6.2013 and quash the same and direct the respondents to consider the petitioners for promotion to the next post on the basis of the judgment rendered by the Honourable Division Bench of this Honourable court in W.A.Nos.849 to 854 of 2010 dated 5.4.2013 WP No.

12168 of 2015 direction or order to the respondents to include the names of the petitioners who are working as Sub Inspector of Police in the Armed Reserve fit for promotion to the post of Inspector of Police in the Armed Reserve and consequently direct the respondents to promote the petitioners with restrospective effect with all consequently benefits WP No.14206 of 2016 Directing the 1st respondent to act on the recommendations of the 2nd respondent made in RC.No.128883/ NGB.I(1)/2013 dated 08.03.2014 and temporarily promote the petitioners as Inspector of Police (Armed Reserve) as per Rule 39(a) (1) of Tamil Nadu State & Subordinate Service Rules by creating the Supernumerary Posts with effect from 2013 WP No.14207 of 2016 Calling for the records pertaining to the impugned proceedings in Home (Police-2) Department Police Note No.1, dt.

13.01.2016 issued by the 1st respondent and consequential proceedings in R.C.No.00878/ NGB.I(1)/2016 dated 01.02.2016 issued by the 2nd respondent and quash the same in respect of the respondents 3 to 89 who are in Serial Number 22 to 108 in impugned Proceedings in Home (Police-2) Department Police Note No.1, dt.13.01.2016 issued by the 1st respondent and direct the respondents 1 and 2 to promote the petitioners temporarily from Inspectors to Deputy Superintendent of Police as recommended by the 2nd respondent in R.C.No.109372/ NGB.I(1)/05 dated 23.02.

WP No.29487 of 2017 calling for the records pertaining to impunged proceedings issued in Police Note No.15, Home (Police -2) Department dated 03.11.2017 passed by the 1st respondent and quash the same and consequently promote the petitioners to the post of Deputy Superintendent of Police WP No.32975 of 2017 Directing the 1st respondent to pass appropriate orders on the recommendation made by the 2nd respondent vide Reference No.162187/ GB III(1)/ 2014 dated 14.5.2015 and the representation of the petitioner dated 19.11.2017 forthwith for promoting the petitioner as Additional Superintendent of Police Category-II from the Post of Deputy Superintendent of Police Category-II with all monetary emoluments with retrospective effect For Petitioner/s :

Mr.K.Duraisamy, Sr. Counsel, for M/s.Lesi Saravanan, for petitioner/s in WP.Nos.14207/16 & WP.29487/17 Mr.D.Selvam for M/s.Lesi Saravanan - for petitioner/s No.4,5,8,9,11 to 13, 15 to 20, 22, 29 to 31 in W.P.No.12168/15 No appearance - for petitioner/s in W.P.Nos.14206/16, 18725/13, 17534/13, 32975/17 - for petitioners No.1 to 3,6,7,10,14,21,23 to 28 in W.P.No.12168/15 For Respondent/s:

Mr.K.Venkataramani, Addl. Advocate General assisted by Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader, Mr.ERA.Premnath, Govt. Advocate and Mr.M.Elumalai, Govt. Advocate - for R1 and R2 in all WPs Mr.P.Wilson, Senior Counsel for Mr.G.Sankaran & Mr.E.Vijay Anand - for respondents No.3,4,6,8,15,20,21,28,35,52,61,67,71,80,85, 90 to 125, 9,37,43,44,50,76,84,126 to 130 in W.P.No.14207/16 - for R3 to R13 in W.P.No.14206/16 - for R3 in W.P.No.29487/17

Ms.C.N.G.Niraimathi, Standing Counsel for TNPSC - for R3 in W.P.No.18725/13 - for R3 & R4 in W.P.No.17534/13 No appearance - for respondents No.5,7, 10 to 14, 16 to 19, 22 to 27, 29 to 34, 36 to 49, 51, 53 to 60, 62 to 66, 68 to 70, 72 to 79, 81 to 84, 86 to 89 in W.P.No.14207/16 - for R5 to R27 in W.P.No.17534/13 C O M M O N O R D E R Heard the learned counsels appearing for the respective parties.

2. The Hon'ble Division Bench, by order dated 03.08.2017 in W.A.Nos.1092 and 1103 of 2016, directed the Registry to list the matter before the single Judge on 10.08.2017 with two other directions, one to dispose of the matter on merits within a period of fifteen days after hearing the parties and all the contentions to be urged by the parties; and another to maintain staus quo till the matter is decided by the single Judge and the relevant portion of rthe order is extracted hereunder: "3.Be that as it may. Considering the fact that the dispute relates to fixation of inter se seniority and promotion and also considering the fact that the matter is pending adjudication before the learned single Judge, we feel that the matter shall be heard and disposed of on merits by the learned single Judge.

Accordingly, we request the learned single Judge to dispose of the matter on merits within a period of 15 days after hearing the parties and all the contentions are left open to be urged by the parties before the learned single Judge on 10.08.2017. The parties are directed to maintain status quo till the matter is decided by the learned single Judge. With this observation, the Writ Appeals are disposed of accordingly."

3. Originally, G.O.Ms.No.1237 Home [Pol.VIII] Department, dated 27.10.2004 was issued in recognising and appreciating the Police Officers/Policemen for their bravery, heroic action and gallantry for conducting a daring and intrepid operation against the forest brigand Veerappan. In the said operation, the forest brigand Veerappan and his three associates were shot dead and after a fierce encounter, the operation came to an end. Therefore, the Government thought fit to announce a cash reward of Rs.3,00,000/- to each of the personnel deployed under the Special Task Force. Finally, the Government have sanctioned Rs.22.71crores towards payment of cash award of Rs.3,00,000/- each to all the 757 Police Officers/Policemen who were part of

the Special Task Force. Among other benefits, namely, cash award, one stage accelerated promotion was also given to them. Accordingly, they were given one stage accelerated promotion from their respective posts vide G.O.Ms.No.1252 Home [Pol.VIII] Department dated 29.10.2004. The said G.O. makes it clear that one stage accelerated promotion were given to all the 752 Special Task Force personnel involved in the operation and the relevant points in paragraph No.5 also given under : "5. ... [c] 748 supernumerary posts be created in order to accommodate those who are accorded accelerated promotion. These posts now sanctioned are person oriented and they shall lapse whenever the incumbents vacate the post on retirement from service or otherwise. ... [e] The names of individual who are granted accelerated promotion be placed at the bottom of the senority list of the respective category existing on the date of their joining duty in the new post."

4. Subsequenlty, the Government also issued another G.O.Ms.No.798, Home [Pol.VIII] Department, dated 05.06.2007, to create supernumerary posts which shall be in existence till the officers concerned vacates the posts on retirement from service or promotion to the next higher rank or otherwise or the date on which the officer concerned would have otherwise got regular promotion. The relevant portion of the said G.O. is also extracted hereunder :

" 5. ... [e] The supernumerary posts shall be in existence till the officers concerned vacates the posts on retirement from service or promotion to the next higher rank or otherwise or the date on which the officer concerned would have otherwise got regular promotion and he should be accommodated against the regular vacancy against which he would have otherwise got promoted, whichever earlier.

[f] The vacancies caused due to accelerated promotion may be filled up on the abolition of corresponding supernumerary posts in the higher rank."

5. Subsequently, the Government took u-turn and recalled the G.O. in respect of paragraph No.5[e] of G.O.Ms.No.1252, Home [Pol.VIII] Department, dated 29.10.2004. Accordingly, another G.O.Ms.No.1396, Home [Pol.IA] Department, dated 03.10.2007 was issued deleting paragraph No.5[e] occuring in G.O.Ms.No.1252, Home [Pol.VIII] Department, dated 29.10.2004 and G.O.Ms.No.1346, Home [Pol.VIII] Department, dated 06.12.2004 and the relevant portion is given as under :

"3. ... [i]In the existing para 5[e] of the G.O.Ms.No.1252 Home [Pol.VIII] Department dated 29.10.2004 and G.O.Ms.No.1346 Home [Pol.VIII] Department dated 06.12.2004 be deleted.

[ii]For the para 5[e] occurring in the G.O.Ms.No.1252 Home [Pol.VIII] Department dated 29.10.2004 and G.O.Ms.No.1346 Home [Pol.VIII] Department dated 06.12.2004 the following shall be substituted.

The seniority between the accelerated promottees and the General promottees in the promoted category shall continue to be governed by their panel position i.e. with reference to their inter-se-seniority in the lower grade. At any stage the accelerated promotion will not give the individual accelerated consequential seniority, since the accelerated promotion is only for one stage."

6.Aggrieved by the above said deletion, when several Writ Petitions were filed before this Court in W.P.No.35716 of 2008 etc. batch, the learned Single Judge of this Court, after considering various aspects, dismissed the Writ Petitions on 14.10.2009. A perusal of the detailed order passed by the learned Single Judge shows that the Government was well within its power in deleting paragraph No.5[e] in G.O.Ms.No.1252, Home [Pol.VIII] Department, dated 29.10.2004 and G.O.Ms.No.1346, Home [Pol.VIII] Department, dated 06.12.2004 by susbstituting G.O.Ms.No.1346, Home [Pol.VIII] Department, dated 06.12.2004 as stated supra. Further, it is held that the seniority of service will be reckoned under Rule 35 of the general rules in the Tamil Nadu State and Subordinate Services Rules. Again being aggrieved by the same, the matter was taken up to Division Bench in W.A.Nos.849 to 854 of 2010.

7. Again, the entire gamet of the issue was taken up and after elaborate discussion made by both sides, the Hon'ble Division Bench confirmed the order passed by the learned Single Judge, making it clear that the accelerated promotion given by issuing a Government Order by the Government is not based on any statutory rule. On this core, it is further held that executive instructions cannot override the statutory rules. If the accelerated promotees are given seniority in the higher cadre, it will affect the promotion of the person senior to the accelerated promotees in the lower cadre and it will lead to the situation of reduction of rank of their seniors in the lower category and the same is contrary to General Rule 35[a] and 35 [aa]. As a result, the natural justice will also affect the morale of the entire police force.

8. The Hon'ble Apex Court in Govind Prasad Vs. R.G.Prasad and Others reported in [1994(1) SCC 437] held that executive order cannot be made operative with retrospective effect. By following the said judgment, the Hon'ble Division Bench of this Court in the above referred cases has confirmed the order passed by the learned Single Judge of this Court by reiterating the same legal position that the executive power of the State cannot be exercised in the field which is already occupied by the laws made by the legislature.

9. In view of the above, G.O.Ms.No.1396, Home (Pol.IA) Department, dated 03.10.2007, was issued deleting paragraph No.5 (e) in G.O.Ms.No.1252, Home Department, dated 29.10.2004, as a result, G.O.Ms.No.1346, Home (Pol.VIII) Deparment, dated 06.12.2004, has been upheld reiterating the power of the State Government that the Government is well within its power in deleting paragraph No.5(e) in G.O.Ms.No.1252, Home (Pol.VIII) Department, dated 29.10.2004 and this has been clarified in G.O.Ms.No.1396, Home (Pol.IA) Department, dated 03.10.2007.

10. Subsequently, the Government have also come forward with a Notification dated 14.12.2013 by carrying out the amendment to the Special Rules giving retrospective effect from 19.03.1996 in G.O.Ms.No.550, Home (Pol.2) Department, dated 24.07.2013. Aggrieved by the same, other police officers have filed Writ Petition Nos.24461, 26276 and 26365 of 2013, whereby, the learned Single Judge of this Court has granted interim stay of the above referred Notification on 29.08.2013. Thus, the net result is that the order passed by the Hon'ble Division Bench in W.A.Nos.849 to 854 of 2010 has been made absolute now.

11. At this juncture, Mr.Duraisamy, learned Senior counsel for the petitioners submitted that an appeal has been preferred before the Hon'ble Apex Court against the order of the Hon'ble Division Bench. Denying such submission, Mr.K.Venkataramani, learned Additional Advocate General, on instructions, submitted that the State Government have not preferred any appeal. I also find merit on this submission, for, to substantiate that an appeal has been preferred against the order passed by the Hon'ble Divison Bench, neither any referrence has been made nor any document has been produced by the parties.

12. Thus, in my view, the Police Department cannot suffer endlessly without filling up the promotional post. Therefore, the respondents are directed to proceed ahead to fill up all the vacancies by way of preparing a final seniority list as per the existing Rules, without reference to the accelarated promotion. However, this is subject to the result of the pending writ petitions.

13. In fine, with the above directions, the writ petitions are disposed of.

No Costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gya To 1.The Principal Secretary, Government of Tamil Nadu, Home Department,Secretariat, Chennai-9.

2.The Director General of Police, Chennai-4.

3.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3.

4.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3.

+1cc to Mr.K.RAMASAMY Advocate, S.R.No. 92231 +1cc to Mr.G.SANKARAN Advocate, S.R.No. 92510 +6cc to Mr.LESI SARAVANAN Advocate, S.R.No.92575,91884,91883 +1cc to Mr.M.SRIVIDHYA Advocate, S.R.No. 92402 +1cc to Mr.E.VIIJAYANAND Advocate, S.R.No. 91749 W.P.Nos.17534, 18725 of 2013, 12168 of 2015,14206,14207 of 2016 and 29487 & 32975 of 2017 AD(CO) TR(08/01/2018)