J.Yessian, v. The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.11959 of 2010 J.Yessian ... Petitioner

Versus

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Secretary, Higher Education Department, Secretariat, Chennai-600 009.

3. The Secretary, Personal and Administration Reforms (R) Department, Secretariat, Chennai-600 009.

4. The Secretary, University Grants Commission, Bahadurshah Zafar Marg, New Delhi-110 002.

5. The Chairman, Uniform Services Recruitment Board, Chennai-600 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari or any other appropriate Writ, order or direction, calling for the records of 3rd respondent and quash the G.O.No.107, dated 18.08.2009 passed by the Personal and Administrative Reforms (M) Department. For Petitioner : No Appearance For RR1 1 to 3 & 5: Mrs.E.Ranganayaki Additional Government Pleader For R4 : No Appearance

ORDER

This Writ Petition is filed challenging the G.O.No.107, dated 18.08.2009 passed by the Personnel and Administrative Reforms (M) Department.

2. When the matter came up for hearing today, the learned Counsel appearing for the respondents submits that the said Government Order was upheld by the Hon'ble Division Bench of this Court by judgment, dated 10.02.2011 in W.P.No18729 of 2010. Subsequently, the Rule was also amended vide G.O.Ms.No.65, Personnel and Administrative Reforms (S) Department, dated 02.07.2014.

3. This apart, the said Rule is also now included as a condition of service in Section 25 Sub-Clause (ii) (a) of the Tamil Nadu Government Servants (Condition of Service) Act, 2016. 4.In that view of the matter, the prayer made by the petitioner cannot be countenanced and hence, the Writ Petition is dismissed. No costs. Consequently, M.P.Nos.1 to 3 of 2010 are closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR grs To

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Secretary, Higher Education Department, Secretariat, Chennai-600 009.

3. The Secretary, Personal and Administration Reforms ® Department, Secretariat, Chennai-600 009.

4. The Secretary, University Grants Commission, Bahadurshah Zafar Marg, New Delhi-110 002.

5. The Chairman, Uniform Services Recruitment Board, Chennai-600 002.

+1cc to the Government pleader Sr.17413 W.P.No.11959 of 2010 pmk[co] srg 25/03/2022