✦ High Court of India · 07 Jun 2024

High Court · 2024

Case Details High Court of India · 07 Jun 2024

Court

High Court of India

Decided

07 Jun 2024

Bench

S M SUBRAMANIAM ADVOCATE GENERALASSISTED BYMR S JOHN LEARNED SINGLE C KUMARAPPAN

Length

1,123 words

W.A. No.1656 of 2021 etc., batchIN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 07.06.2024CORAMTHE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMandTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.A.Nos.1405, 1633, 1656, 2742, 2744 and 2747 of 2021andC.M.P. Nos.8670, 10220, 10458, 17997, 17999, 18001, 18009 and 18010 of 2021W.A.No.1405 of 20211.Tamil Nadu Public Service Commission rep. By its Secretary, Frazer Bridge Road, Park Town, Chennai – 600 003.2.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai – 600 003. ... Appellants -vs-1.The Government of Tamil Nadu rep. By its Secretary, Personnel and AdministrativeReforms Department, Secretariat, Fort St. George, Chennai – 600 009.2.V.Vinaya Bharathi ... RespondentsW.A.No.1633 of 20211.Tamil Nadu Public Service Commission rep. By its Secretary, TNPSC Road, Park Town, Chennai – 600 003.Page 1 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batch2.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai – 600 003. ... Appellants -vs-1.The Government of Tamil Nadu rep. By its Secretary, Personnel and AdministrativeReforms Department, Secretariat, Fort St. George, Chennai – 600 009.2.P.Agilan ... RespondentsW.A.No.1656 of 20211.Tamil Nadu Public Service Commission rep. By its Secretary, TNPSC Road, Park Town, Chennai – 600 003.2.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai – 600 003. ... Appellants -vs-1.The Government of Tamil Nadu rep. By its Secretary, Personnel and AdministrativeReforms Department, Secretariat, Fort St. George, Chennai – 600 009.2.S.Vinothkumar ... RespondentsPage 2 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchW.A.No.2742 of 2021The Government of Tamil Nadurep. By its Secretary,Personnel and Administrative ReformsDepartment, Secretariat,Fort St. George, Chennai – 600 009. ... Appellant -vs-1.S.Vinothkumar2.Tamil Nadu Public Service Commission rep. By its Secretary, Frazer Bridge Road, Park Town, Chennai – 600 003.3.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai – 600 003. ... RespondentsW.A.No.2744 of 2021The Government of Tamil Nadurep. By its Secretary,Personnel and Administrative ReformsDepartment, Secretariat,Fort St. George, Chennai – 600 009. ... Appellant -vs-1.V.Vinaya Bharathi2.Tamil Nadu Public Service Commission rep. By its Secretary, Frazer Bridge Road, Park Town, Chennai – 600 003.3.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai – 600 003. ... RespondentsPage 3 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchW.A.No.2747 of 2021The Government of Tamil Nadurep. By its Secretary,Personnel and Administrative ReformsDepartment, Secretariat,Fort St. George, Chennai – 600 009. ... Appellant -vs-1.P.Agilan2.Tamil Nadu Public Service Commission rep. By its Secretary, Frazer Bridge Road, Park Town, Chennai – 600 003.3.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai – 600 003. ... RespondentsPrayer in W.A.No.1405 of 2021:Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.02.2021 made in W.P.No.24351 of 2019.Prayer in W.A.No.1633 of 2021:Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.02.2021 made in W.P.No.24599 of 2019.Prayer in W.A.No.1656 of 2021:Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.02.2021 made in W.P.No.24354 of 2019.Page 4 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchPrayer in W.A.No.2742 of 2021:Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.02.2021 made in W.P.No.24354 of 2019.Prayer in W.A.No.2744 of 2021:Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.02.2021 made in W.P.No.24351 of 2019.Prayer in W.A.No.2747 of 2021:Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.02.2021 made in W.P.No.24599 of 2019.For Appellants:Ms.G.Hemain W.A.Nos.1405, 1633 and1656 of 2021Mr.R.Neelakandan,Additional Advocate Generalassisted byMr.S.John J.Raja Singh,Addl. Govt. Pleaderin W.A.Nos.2742, 2744 and2747 of 2021For Respondents: Mr.R.Neelakandan,Additional Advocate Generalassisted byMr.S.John J.Raja Singh,Addl. Govt. Pleader for R1in W.A.Nos.1405, 1633 and1656 of 2021Mr.C.K.Chandrasekaran for R2in W.A.Nos.1405, 1633 and1656 of 2021Mr.C.K.Chandrasekaran for R1 in W.A.Nos.2742, 2744and 2747 of 2021Page 5 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchMs.G.Hema for R2 and R3in W.A.Nos.2742, 2744 and2747 of 2021COMMON JUDGMENT [Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.]The Tamil Nadu Public Service Commission issued Notification No.19/2017 dated 31.08.2017. As per the Notification, applications are invited through online mode from eligible applicants against the vacancies for the post of Assistant in the Departments of Secretariat to be made by recruitment by transfer from among the holders of the post of Junior Assistant or Assistant in the Tamil Nadu Ministerial Service and Tamil Nadu Judicial Ministerial Service.2. It is not in dispute that the writ petitioners submitted their respective applications through proper channel and participated in the process of selection. The writ petitioners were selected and appointed into the Secretariat service. They joined in Secretariat and been serving for about 1 ½ years. When the writ petitioners were in verge of promotion, the authorities found that the appointment of the writ petitioners by way of transfer of service is Page 6 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchin violation of conditions stipulated in the Notification and accordingly initiated action. The writ petitioners are admittedly not served as employees either in the Tamil Nadu Ministerial Service or in Tamil Nadu Judicial Ministerial Service. The employees working in Ministerial Services alone are eligible to apply for recruitment to the post of Assistant in Secretariat service by way of transfer of service. On the said ground, actions were initiated against the writ petitioners, which resulted in filing of writ petitions.3. The learned single Judge considered the facts and circumstances and found that the writ petitioners are not at fault and further they were allowed to serve in Secretariat. It is not in dispute that the writ petitioners were selected on merits. Under those circumstances, the writ Court directed the Government to revisit the appointment of the writ petitioners and directed the respondents therein to pass appropriate orders after due examination and appreciation of the case of the writ petitioners within a period of six weeks. Since the writ Court directed the respondents therein to consider the case of the writ petitioners and pass an order afresh, we are not inclined to interfere with the order of the writ Court. As per the direction of the writ Court, the respondents therein are directed to pass appropriate orders on Page 7 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchmerits and in accordance with law as expeditiously as possible. 4. With the above directions, these writ appeals are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.J.) (C.K.J.)07.06.2024Index: Yes/NoNeutral Citation: Yes/NommiTo1.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai – 600 003.2.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai – 600 003. 3.The Secretary to Government of Tamil Nadu, Personnel and Administrative ReformsDepartment, Secretariat, Fort St. George, Chennai – 600 009.Page 8 of 9 https://www.mhc.tn.gov.in/judis W.A. No.1656 of 2021 etc., batchS.M.SUBRAMANIAM, J.andC.KUMARAPPAN, J.mmiW.A.No.1656 of 2021 etc., batch07.06.2024Page 9 of 9

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