P.Suresh Kumar v. The Ministry Of Defence

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD P.Suresh Kumar

...Petitioner

in W.P.No.16098 of 2012 S.Muralidharan

...Petitioner

in W.P.No.16099 of 2012 -Vs1.The Ministry of Defence, rep. by its Secretary, Government of India, South Block, New Delhi - 110 001.

2.The Director General of Ordinance Factory Board, No.10-A, S.K.Bose Road, Kolkatta - 700 001.

3.The Additional Director General /AV, AV Headquarters, 4.General Manager, 1/4

5.Joint General Manager/Administration, 6.Junior Works Manager, Estt./Administration & Personnel Division,

...Respondents

in both W.Ps'

Common Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus to quash the advertisement issued vide circular No.14 dated 21.01.2011 by the 4th respondent inviting applications on All India basis without following the Office Memorandum bearing No.14024/1/2004/Estt/(D) dated 10th December 2004, issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) and subsequent selection list dated 05.05.2012 with consequential direction to the respondents to follow the judgment of the Hon'ble Supreme Court made in the case of Excise Superintendent, Malkapatnam Vs. K.B.N.Visweswara Rao, 1996 (6), Supreme Court Cases 216 in terms of Section 4(1) of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and be pleased to pass further orders. For Petitioner :

M/s.P.Bhuvaneswari For Respondents :

Mr.B.Sudhir Kumar, SCGSC 2/4

C O M M O N O R D E R Today, 21.02.2024, when the cases were taken up for hearing, the learned counsel for the petitioner in both writ petitions sought permission of this Court to withdraw the present writ petitions, and she has also made an endorsement to that effect in the case bundles.

2. In view of the submission coupled with the endorsement made by the learned counsel for the petitioner in both writ petitions, these writ petitions are dismissed as withdrawn. No costs. 21.02.2024 cda To 1.The Secretary, Ministry of Defence, Government of India, South Block, New Delhi - 110 001.

2.The Director General of Ordinance Factory Board, No.10-A, S.K.Bose Road, Kolkatta - 700 001.

J.SATHYA NARAYANA PRASAD, J.

cda 3/4

3.The Additional Director General /AV, AV Headquarters, 4.General Manager, 5.Joint General Manager/Administration, 6.Junior Works Manager, Estt./Administration & Personnel Division, 21.02.2024 4/4