Seniority issue among SIs: Madras HC upholds state’s decisionTamil Nadu Special Police Subordinate Service is proper and we do not see any reason to interfere with the same,” a division bench of Justices R Subbiah and C Saravanan said.

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CITYSeniority issue among SIs: Madras HC upholds state’s decision
TNN | Updated: Jan 18, 2020, 8:24 IST






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CHENNAI: Concluding over a decade-long legal battle between more than 1,300 sub-inspectors (SI) of 1994-95 batch falling under direct recruitment and in-service cadre, in connection with fixation of service seniority, the Madras high court has upheld the decision of the state to place the seniority of 267 in-service candidates above direct recruits, though both were recruited through the same recruitment drive.
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“Government thought it fit that those in-service candidates are already aged when compared to the directly recruited candidates and therefore, if they are given preference in fixation of seniority, they could get promotional prospects before their retirement, otherwise they could not. In such view of the matter, we are of the view that the amendments brought to the Special Rules for
Tamil Nadu Special Police Subordinate Service is proper and we do not see any reason to interfere with the same,” a division bench of Justices R Subbiah and C Saravanan said.
The issue pertains to a batch of plea moved by 20 sub-inspectors belonging to 1994-95 batch. On January 1, 1994 the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) issued a notification for selection and appointment of 500 SIs through direct recruitment.
Though departmental candidates were also permitted to apply, most of them became ineligible as the cut-off ages was 30 years. Aggrieved, the in-service candidates moved the erstwhile Tamil Nadu Administrative Tribunal.
Since the tribunal ruled in favour of the departmental candidates, TNSURB earmarked 20% vacancies in the selection for direct recruitment of SIs. Subsequently, the board decided to recruit 1,100 persons as against the proposed 500 posts.

As all the 1,100 candidates cannot be accommodated altogether for training, the recruitment was made in three phases – 500, 600 and 267 (in-service).
After the first batch of 500 were imparted training and absorbed into service, the remaining 600 and 267 were sent for training together. However, as far as, seniority was concerned, in order to give preference to in-service candidates who were appointed against 20% quota, the state fixed them over and above the remaining 600 direct recruits.
Aggrieved, they have approached the court assailing the decision.

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