CHENNAI: The Madras HC upheld the decision of the State to place seniority of 267 in-service candidates above direct recruits, though both were recruited through the same recruitment drive. The 1,300 Sub-Inspectors of 1994-95 batch falling under direct recruitment waged a battled against in-service candidates, in connection with the fixation of service seniority for over a decade.
A Division Bench observed, “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.”
A Division Bench comprising Justices R Subbiah and C Saravanan was hearing a batch of pleas filed by 20 SIs 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 the department candidates were allowed to apply for the post, most of them became ineligible as the cut-off age was 30 years.
The dejected candidates moved the State Administrative Tribunal and it also ruled in favour of the departmental candidates. TNSURB earmarked 20% vacancies in the selection for direct recruitment of Sub-Inspectors. Subsequently, the board decided to recruit 1,100 persons as against the proposed 500 posts.
Since 1,100 candidates cannot be accommodated altogether for training, the recruitment was made in three phases of 500, 600 and 267 (in-service). However, as far as seniority was concerned, to give preference to in-service candidates who were appointed against the 20% quota, the State fixed them over and above the remaining 600 direct recruits.The Bench ordered, “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.”