R. Ranjith Singh & Ors. vs The State of Tamil Nadu & Ors.

Held: In respect of fixation of seniority of direct recruitments, the unamended rule i.e. Rule 25 was very clear which provided for fixation of seniority with reference to the rank assigned by the appointing authority in the list of selected candidates – It is unfortunate that the State Government has amended Rule 25 by G.O. dated 21.11.2017 by giving it retrospective effect i.e. with effect from 13.07.1995 – The State Government has certainly issued various executive directions from time to time for appointment under the direct recruitment quota providing reservation to in-service candidates to the extent of 20%; however, the rules were never amended till 21.11.2017 – It is a well settled proposition of law that executive instructions cannot supplant the statutory rules – In the present case, the executive instructions issued from time to time have in fact supplanted the statutory rules and such a process is unheard of in the field of service jurisprudence – In the considered opinion of this Court, the amendment to the recruitment rules in the year 2017 to the extent it provides for 20% reservation under the direct recruitment category to the inservice candidates, does not warrant any interference – However, the amendment brought vide G.O. dated 21.11.2017 amending Rule 25(a) of the 1955 Rules, which provides for grant of seniority to all in-service candidates over and above candidates recruited from the open market is certainly violative of Arts. 14, 16 and 21 of the Constitution of India and deserves to be struck down by this Court – Further, the action of the State Government in amending the recruitment rules with retrospective effect is certainly violative of Arts.14, 16 and 21 of the Constitution of India – A statute which takes away the right of an individual with retrospective effect deserves to be set aside by this Court – All seniority list(s) right from 1995 deserve to be recasted by assigning proper seniority to the candidates who have been appointed from the open market as well as from in-service candidates solely on the basis of ranks assigned to the selected candidates by the appointing authority on the basis of marks obtained by them in the examination on the basis of which they have been selected and appointed to the post of Sub-Inspector of Police – Resultantly, the GO dated 21.11.2017 is quashed and amendment to Rule 25 sub rule (a) also is hereby struck down. [Paras 19, 22, 23, 27, 28]

Tamil Nadu Police Subordinate Service Rules, 1955 – Direct recruitment – Sub-Inspectors of Police – The GO dated 21.11.2017 which grants seniority to the departmental candidates over and above the candidates who have been recruited from open market is hereby quashed and amendment to Rule 25 sub rule (a) also is hereby struck down being violative of Articles 14, 16 and 21 of the Constitution of India – Directions issued. [Para 28]