THE GOVERNMENT OF TAMIL NADU vs G.Sam William Carter

W.A.NO.2732 OF 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2026
CORAM
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON’BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
W.A.NO.2732 OF 2023
AND
CMP NO.22978 OF 2023
1.The Government of Tamil Nadu
Represented by its Secretary to Government
Home Department
Fort St. George, Chennai – 600 009.
2.The Director General of Police
Law & Order
Chennai – 600 004.
3.The Commissioner of Police
Chennai City
Veppery, Chennai. … Appellants
Vs.
1.G.Sam William Carter
2.K.Suresh
3.M.Kulothungan
4.G.Dhanachezhiyan … Respondents

PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 03.03.2021 passed in W.P.No.1251
of 2021.
Page No.1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

W.A.NO.2732 OF 2023
For Appellants : Mrs.Y.Kavitha
Additional Government Pleader
For Respondents : Mr.G.Bala
for M/s.G.Bala and Daisy
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 :
Page No.2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

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.
Page No.3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

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.
Page No.4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

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.
Page No.5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

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.”
5.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
Page No.6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

W.A.NO.2732 OF 2023
Page No.7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )

W.A.NO.2732 OF 2023
S.M.SUBRAMANIAM, J.
AND
KRISHNASWAMY GOVINDARAJAN, J.
TK

W.A.NO.2732 OF 2023
28.08.2026
Page No.8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2026 11:24:46 am )