The Principal Secretary To v. M.Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.1330 of 2014 and MP No.1 of 2014 1.The Principal Secretary to Government, Finance (Co-operative Audit) Department, Fort St.George, Chennai - 600 009.

2.The Director of Co-operative Audit, No.5, Kamarajar Salai, Slum Clearance Board Complex, Chennai -5.

3.The Assistant Director of Co-operative Audit, No.69, Annaji Street, Angupattu Centre Building 3rd Floor, Erode 1 .... Appellants/1 to 3 Respondents -vs1.M.Selvam ... 1st respondent/Petitioner 2.The Secretary Tamil Nadu Public Service Commission, Broadway, Chennai -3.

3.G.Thamaraiveni ... 2 & 3rd respondents/4th and 5th respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the order passed in W.P No.10 of 2014 dated 24.02.2014. WP.10/2014:

Petition filed Under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus call for the entire records relating to the impugned G.O.Passed by the 1st respondent in his G.O.Ms.NO.460 Finance (Co-operative Audit) Department dated 24.12.2013 and quash the same and consequently directing the 1st respondent to promote the petitioner to the post of Assistant Director of Coop. Audit in the place of S.No.8 in G.O.Ms.No.460 Finance (Co-operative Audit) Department dated

24.12.2013 by giving seniority with restrospective effect on the date of issuance of G.O.

For Appellants :

Mr.STS.Moorthy Addl.Advocate General Assisted by Mr.L.P.Shanmugasundaram Spl.Govt.Pleader For Respondents:

Mr.C.Prakasam for R1

J U D G M E N T

[Judgment of the Court was delivered by K.K.SASIDHARAN,J.] This intra court appeal is directed against the order dated 24 February 2014 in W.P.No.10 of 2014.

2. When the intra court appeal is taken up for hearing today, the learned counsel for the first respondent on instructions made an endorsement indicating that he is withdrawing the very writ petition in W.P.No.10 of 2014.

3. In view of the endorsement so made by the learned counsel for the first respondent, we permit the first respondent to withdraw the writ petition in W.P.No.10 of 2014.

4. Accordingly, the order dated 24 February 2014 is set aside. The writ petition in W.P.No.10 of 2014 is dismissed as withdrawn.

5. In view of the dismissal of the writ petition in W.P.No.10 of 2014, nothing survives for adjudication in this intra court appeal. The intra court appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To 1.The Secretary Tamil Nadu Public Service Commission, Broadway, Chennai -3.

2.The Principal Secretary to Government, Finance (Co-operative Audit) Department, Fort St.George, Chennai - 600 009.

3.The Director of Co-operative Audit, No.5, Kamarajar Salai, Slum Clearance Board Complex, Chennai -5.

4.The Assistant Director of Co-operative Audit, No.69, Annaji Street, Angupattu Centre Building 3rd Floor, Erode 1 +1cc to Mr.C.Prakasam Advocate sr.no.53182 W.A.No.1330 of 2014 nr 27/08/2018