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Madras High CourtWP/26277/2025disposed of with direction

A.Aravinth v. The State Of Tamilnadu

2026-01-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2026

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.29576, 29577 & 54514 of 2025 A.Aravinth ... Petitioner Vs.

1.The State of Tamil Nadu rep. By its Secretary (Home Department), Secretariat, St. George Fort, Chennai-600 009.

2.The Director General of Police, Head of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 009.

3.The Additional Director General of Police, Armed Police, Tamil Nadu Special Police Headquarters, Lotus Garden, Kilpauk, Chennai-600 010.

4.The Commandant, X Battalion, Tamil Nadu Special Police, Trichy-Tindivanam Highway, Pali, Ulundhurpet-606 107.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the

records pertaining to Memorandum dated 24.06.2025 issued by the third respondent bearing C.No.C1/9898/2025 and quash the same and consequently direct the respondents 2 to 4 to treat the petitioner as eligible TSP Personnels to get transfer to armed reserve by considering the petitioner's willingness for transfer or posting to Armed Reserve based on the period of service in Tamil Nadu Special Police Battalion. For Petitioner :

Mr.PL.Naraaynan, Sr. Counsel for Mr.E.Hariharan For Respondents :

Mr.P.Kumaresan, AAG Asst. By Mr.M.Rajendiran, AGP

O R D E R

The Memorandum dated 24.06.2025 issued by the third respondent bearing C.No.C1/9898/2025, is put under challenge in the present Writ Petition. Further, the petitioner has sought for a direction to the respondents 2 to 4 to treat the petitioner as eligible TSP Personnels to get transfer to Armed Reserve by considering his willingness for transfer or posting to Armed Reserve based on the period of service in Tamil Nadu Special Police (TSP) Battalion.

2. Heard the learned counsels on either side.

3. The learned Senior counsel for the petitioner submitted that the petitioner was appointed as Grade II Police Constable in the year 2017 and after training, he was posted to the X TSP Battalion, Ulundurpet and serving now as Havildar over eight years. He continued that in the year 2022, willingness for transfer to Armed Reserve was called for and for which, the petitioner had submitted his unwillingness, however, there was no mention about any rule regarding three year relinquishment period. He contended that the petitioner submitted his willingness for transfer in the year 2023, however he was not considered on the ground of unwillingness letter given in the year 2022 by citing Rule 30 of the Tamil Nadu Special Police Subordinate Service Rules, 1978. He also contended that even after completion of three years also, the petitioner's willingness for transfer was rejected and aggrieved over the same, the present Writ Petition.

4. Apart from the above, the learned Senior counsel drew the attention of this Court assailing the genuineness of the willingness letter of the petitioner dated 17.09.2022 relied on by the Department for rejection of the petitioner for transfer to Armed Reserve on the ground that reference of Naik was made in the letter dated 17.09.2022, whereas the petitioner was promoted as Naik only on 18.03.2023.

5. On perusal of the case reveals that even though the petitioner's unwillingness for transfer is taken into account, the relinquishment period of three years has already been expired on 17.09.2025. Hence, there is no legal impediment for the respondents to transfer the petitioner from TSP Battalion to Armed Reserve.

6. The learned Additional Advocate General fairly submitted that as the relinquishment period of the petitioner for transfer has already been over by 17.09.2025, there may be a direction to the petitioner to submit a representation to the respondents for his transfer to the Armed Reserve and the same shall be considered by the respondents in a reasonable time.

7. Considering the facts and circumstances of the case and the submissions put forth by the learned counsels on either side, there shall be a direction to the petitioner to make a representation to the respondents for transfer from TSP Battalion to Armed Reserve, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondents shall consider and dispose of the same in accordance with law, within a period of three weeks therefrom.

8. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

22.01.2026 Index:Yes/No NCC :Yes/No Order : Speaking/Non Speaking DP To 1.The Secretary (Home Department), State of Tamil Nadu, Secretariat, St. George Fort, Chennai-600 009.

2.The Director General of Police, Head of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 009.

3.The Additional Director General of Police, Armed Police, Tamil Nadu Special Police Headquarters, Lotus Garden, Kilpauk, Chennai-600 010.

4.The Commandant, X Battalion, Tamil Nadu Special Police, Trichy-Tindivanam Highway, Pali, Ulundhurpet-606 107.

M.DHANDAPANI.J, DP and WMP.Nos.29576, 29577 & 54514 of 2025 22.01.2026