Judgment :- 1. Petitioner prays for issuance of writ in the nature of certiorari, to quash the order dated 16.05.2001 vide which the representation filed by the petitioner for refixing of his seniority in accordance with Rule 24 of Tamil Nadu Special Police Subordinate Service Rules 1978 stands rejected. 2. The petitioner was appointed as Grade II Police Constable vide order dated 24.09.1997, subject to successful completion of training. 3. The petitioner was directed to report for duty on 31.10.1997 at VII Battalian, Palani. But subsequently, he was directed to report X-Battalian, Tamil Nadu Special Police Battalian Ulundurpet vide telegram. 4. The petitioner accordingly reported duty at 07.00 a.m on 31.10.1997. The petitioner was thereafter deputed to the training which he successfully completed. 5. The 2nd respondent was to draw the seniority in accordance with Rule 24 of the Tamil Nadu Special Police Subordinate Service Rules, 1978 which reads as under: Rule 24. Seniority:-(a) The seniority of a person in a category shall, unless he has been reduced to a lower ranks as a punishment be determined by the rank obtained by him in the list of approved candidates drawn up by the appointing authority subject to the rule of reservation where it applies. The date of commencement of his probation shall be the date on which he joins duty irrespective of his seniority. (b) The transfer of a person from one category to another category carrying the same pay or scale of pay shall not be treated as first appointment to the latter for purposes of seniority and the seniority of a person so transferred shall be determined with reference to the rank in the category from which he was transferred. Where any difficulty or doubt arises in applying this sub-rule, seniority shall be determined by the appointing authority. (c) Where a member of the service is reduced to a lower category, he shall be placed at the top of the latter, unless the authority ordering such reduction directs that he shall take rank in such lower category next below any specified member thereof. "(d) The seniority of Police Constables who are appointed on or after 1-7-77 according to rule of reservation shall be determined with reference to the marks obtained by them in the final examination conducted at the recruits schools. "(d) The seniority of Police Constables who are appointed on or after 1-7-77 according to rule of reservation shall be determined with reference to the marks obtained by them in the final examination conducted at the recruits schools. In the case of those secured same marks, the seniority shall be decided with reference to their date of birth" (e) The inter-se-seniority of those appointed by more than one method of recruitment and if their date of appointment to the category happens to be one and the same shall be decided with reference to their age. " The case of the petitioner is that as the petitioner had good marks in the training and was to be placed in seniority No.15, but by showing the petitioner to have joined duty on 01.11.1997, he was placed below in the seniority list. 6. The case of the petitioner is that irrespective of date of joining, the seniority is to be fixed as per rule referred to above on the basis of marks obtained in the training. 7. The clarification sought by department in this regard was also answered in favour of the petitioner. 8. The case of the petitioner is that by violating the statutory rule, seniority was wrongly fixed. The petitioner made representation which stands rejected by way of impugned order. 9. On notice, the writ petition is contested. The stand taken in the counter reads as under: "5. During October 1997, the Police Constables who were selected during the year 1989-90 were directed to report for basic training on 31.10.97 FN and the Police Constables who were selected during the year 1997 were directed to report for basis training on 31.10.97. Therefore the Police Constables were sent for basic training in two different batches (i.e) appointment orders were issued to one batches to report on 31.10.97 FN and to another batch to report on 31.10.97 AN at the Police Recruit School. 6) According to the existing rule 24(d) of Tamil Nadu Special Police Subordinates service, the seniority of police constables has been fixed in TSP VI Bn, based on the marks obtained by them in the final examination conducted at the Police Recruit Schools. 6) According to the existing rule 24(d) of Tamil Nadu Special Police Subordinates service, the seniority of police constables has been fixed in TSP VI Bn, based on the marks obtained by them in the final examination conducted at the Police Recruit Schools. The Seniority of Police constable who were enlisted on 31.10.1997 F.N. Has been fixed in this office B.O.No.872/99 dated 22.10.99 and the seniority of police constable who were enlisted on 31.10.97 AN and 01.11.1997 FN has been fixed in this office B.O.No.1000/98 dt.15.11.98. The name of applicant PC4445 Thanikodi has been include in serial number 65 in the seniority list of Police constable who were enlisted on 1.11.97 as he was enlisted on 1.11.97FN. Therefore the seniority of the applicant PC 4445 Thanikodi has been fixed as per existing rule and there is no violation of rules as stated by the applicant. 7. The applicant was appointed as Gr.II Pcs are per proceedins No.A3/20143/97 dt:24.09.97 of the Commandant, TSP VII Bn., Palani with instruction to report for duty on 30.10.97. Then, he was directed to report before Principal PRS TSP X Bn., Ulundurpet with instructions to report for duty on 30.10.97 for critical review of his height, chest, verification of records and also issuing kit articles one day prior to the commencement of the training. The training was commenced on 01.11.97 after following the above procedure and he was appointed as Gr.II Pcs only on 01.11.97. All the Pcs who have reported for training on 31.10.97 at TY P.R.S. Villupuram have been appointed on 01.11.97." 10. Learned counsel for the petitioner rightly contended that the impugned order cannot be sustained as the seniority list is admittedly framed in violation of the statutory rule by making artificial categorization of the trainees by taking into consideration the date of allocation for training. 11. Once it is not disputed that the persons who reported for duty on 31.10.97 and 01.11.97, were selected in the same selection and had undergone training together, then the seniority was required to be fixed under the Rule 24 on the basis on the merit in training and not on the date of reporting. In any case the stand of the petitioner is he joined on 31.10.97. 12. In any case the stand of the petitioner is he joined on 31.10.97. 12. The stand taken by the respondents qua fixing of seniority on the basis of date of reporting cannot be sustained being violative of Rule 24 of the Tamil Nadu Special Police Sub-ordinate Service Rules, 1978. The impugned order being contrary to Rule 24 of the Tamil Nadu Special Police Subordinate Service Rules, 1978 cannot be sustained in law. 13. Consequently this writ petition is allowed, impugned order is set aside, and the respondents are directed to refix the seniority of the petitioner on the basis of the merit in the training in terms of Rule 24 of the Tamil Nadu Special Police Subordinate Service Rules, 1978 with all consequential relief. No costs.