WA/2732/2023 of THE GOVERNMENT OF TAMIL NADU Vs G.Sam William Carter on 28 August 2026

J U D G M E N T

(Judgment of the Court was made by S.M.Subramaniam, J.) The issue raised in the present intra-court appeal is no more res integra in view of the common order of the Division Bench of this Court in a batch of writ petitions in the case of M.Mahedran Vs. The Government of Tamil Nadu, reported in 2026 : MHC : 1780. The relevant portion of the common order reads as under: “71.Therefore in view of the legal position and also on the basis of the decision now has been taken by the Government as projected by the learned Advocate General by relying upon various Affidavits filed on behalf of the State Government by the Additional Chief Secretary, Home Department, Government of Tamil Nadu, by considering the over all issue, we are inclined to pass the following orders in this batch of cases :

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W.A.NO.2732 OF 2023

(i) That Rule 3(b)(ii)(b) of Special Rules for Tamil Nadu Police Subordinate Service has become redundant in view of the decision taken by the Government to adopt the State wise seniority.

(ii) As decided by the State Government, the State wise seniority be adopted in finalizing the inter se seniority among various police personnel in Armed Reserve Police Force in the State of Tamil Nadu Police atleast from 1993 Batch as only those people are still in service from the Constabulary stage.

(iii) The seniority inter se shall be reckoned therefore from the date of fixing initial enlistment, i.e., Grade II Police Constable enlistment of all these batches from 1993 till date and accordingly their seniority under various stages be adopted, accordingly promotion shall be made.

(iv) By virtue of this adoption of State wide seniority whoever become eligible to get promotion to various stages like Head Constable, Sub~Inspector of Police and Inspector of Police, those incumbents be identified and accordingly on the basis of their seniority in the State wide seniority list to be prepared in this regard, promotion shall immediately be granted to them.

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W.A.NO.2732 OF 2023

(v) This adoption of State wise seniority according to the Government decision would be made prospectively from 01.01.2026. This benefit would be available to only those who are in service as on 01.01.2026. In other words those who retired on or before 31.12.2025 under any category whether with or without promotion, those employees / members of the police force would not get any such benefits by virtue of the State wise seniority.

(vi) By adopting the Range wise seniority as per rule 3(b)(ii)(b) if any promotion already been earned by any individual even they may be Juniors to some of them, based on the State wise seniority, shall not be disturbed or be reverted from the position they already earned.

(vii) But at the same time while finalizing the State wise seniority in each category from the Constabulary stage, the promotees already earned such promotion by virtue of Range wise seniority though are not liable to be reverted their seniority would accordingly be altered if need arises on the basis of the initial seniority from the Constabulary stage and accordingly rearranged seniority be made including those promotees who have already earned promotion by virtue of Range wise seniority.

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W.A.NO.2732 OF 2023

(viii) Since such a State wise seniority and the consequential promotion being made only prospectively from 01.01.2026, none of the beneficiaries would get any backwages or monetary benefits till 31.12.2025, but at the same, their pay would be fixed according to their original seniority from the Constabulary stage and accordingly the revised pay would be paid prospectively only from 01.01.2026 and no arrears or difference of backwages can be claimed by them as they are not entitled for the same.

(ix) By virtue of the declaration being made now that the rule 3(b)(ii)(b) having become redundant by virtue of the policy decision now taken to adopt the State wise seniority prospectively from 01.01.2026, necessary Government Orders in this regard be issued by the State Government forthwith.

(x) On issuance of such a Government Order, bringing the enabling provision in the rule, i.e., Special Rules for Tamil Nadu Police Subordinate Service, all these directions be complied with by adopting the State wise seniority and the consequential promotions at various stages.

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W.A.NO.2732 OF 2023

(xi) This task of preparing the State wise seniority at various stages / positions or categories from the Constabulary stage shall be completed and the list be released within a period of two months from the date of receipt of a copy of this order.

(xii) As per the State wise seniority list to be released in this regard as indicated above, necessary promotions be extended to the eligible candidates as per their seniority which includes those who are retired or retiring from service on 01.01.2026 and thereafter.”

2. In view of the order passed in the judgment cited supra, no further adjudication on merits needs to be undertaken. The present writ appeal stands disposed of on the same lines. No costs. Consequently, connected civil miscellaneous petition is closed. [S.M.S., J.] [K.G.R., J.]

28.08.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK

W.A.NO.2732 OF 2023 28.08.2026

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