M.T.Yuvanesan v. The State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 27.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No. 30936 of 2004 1.M.T.Yuvanesan 2.E.D.Thamaraiselvan 3.M.Udayhakumar 4.N.Muruganandam 5.S.Manisekaran 6.M.Nawab John 7.R.Vasugi 8.T.P.Thara 9.V.S.Mallika 10.R.Thamilselvi 11.A.Thangavelu 12.D.Donald Ravindran 13.V.Annammal Mary Setlla 14.R.Meenakshi 15.K.Pari 16.V.Valliammal 17.B.Uma Devi 18.V.Arunagiri ... Petitioners Vs 1.The State of Tamilnadu rep.by its Secretary (Home) Department, Fort St.George, Chennai-600 009.

2.The Director, Forensic Sciences Department, Mylapore, Chennai-600 004.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records relating to first respondent G.O.MS.No.764 Home (Police-18) Department dated 23.08.2002, to quash the same in so far as it enhances the qualification as M.Sc., Degree even for it enhances the qualification as M.Sc., Degree even for recruitments made prior to the issue of the above G.O. In Rule 3 (b) is concerned and consequently direct the respondents to

extend all benefits arising thereto on the basis Rules at the time of initial appointment of the petitioners for purpose of promotion etc.

For Petitioners : Ms.B.Swetha for Mr. L.Chandrakumar For Respondents : Mrs.K.Bhuvaneswari, AGP.

O R D E R

The grievance of the petitioners herein is that the condition imposed in G.O. (Ms) No.764 (Home Police-18) dated 23.08.2002 enhancing the minimum qualification to M.Sc., decree for recruitments, made prior to the said G.O., is bad in law. 2.Pending the Writ Petition, it is stated by the learned Additional Government Pleader that the petitioners except the second petitioner, all other petitioners have completed their M.Sc. Decree and have been granted promotions and as such, these petitioners have no grievance against the said Government Order. 3.Insofar as the second petitioner is concerned, if he is aggrieved over the said Government Order, it is open to him to challenge the same before the appropriate authorities in a manner known to law. In the said circumstances, the Writ Petition is disposed of, with a liberty to the second petitioner to workout his remedy in accordance with law. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jrs To 1.The Secretary (Home) Department, State of Tamilnadu, Fort St.George, Chennai-600 009.

2.The Director, Forensic Sciences Department, Mylapore, Chennai-600 004.

+1cc to Mr.L.Chandrakumar, Advoate Sr.29560 +1cc to the Government pleader Sr.30437 WP.No. 30936 of 2004 vba[co] srg 3/5/2019