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Madras High CourtWP/27560/2009disposed of

R.Ramalingam, v. The Union Of India,

2020-08-17Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.NO.27560 OF 2009 AND M.P.NO.1 OF 2009 R.Ramalingam ... Petitioner -vs1.

The Union of India, rep. by Government of Puducherry, Through Chief Secretary to Government of Puducherry. 2.

The Secretary to Government, Personnel & Administrative Reforms Department, Puducherry Government Secretariat, Puducherry.

3.

The Employment Exchange Officer, Puducherry Employment Exchange, Puducherry.

4.

The Chairman, Puducherry Housing Board, Anna Nagar, Nellithoppu, Pondicherry.

5.

The Secretary to Government, Finance Department, Government of Puducherry Secretariat, Puducherry.

6.

The Secretary to Government, Housing Department, Government of Puducherry Secretariat, Puducherry.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, forbearing the respondents from filling up all vacancies in various post without following the service regulations.

For Petitioner :

Mr.M.Muthappan For 4th Respondent :

Ms.Shabnam for Mr.T.P.Manoharan For Respondents 1 to 3, 5 & 6 :

Not ready in Notice

O R D E R

Petitioner has come up with the present Writ Petition, seeking to forbear the respondents from filling up all vacancies in various posts without following the service regulations.

2. Heard the learned counsel for the petitioner as well as the learned counsel for R4 and perused the material documents available on record.

3. The main grievance of the petitioner is that the Government of Puducherry, without calling for names from the Employment Exchange, have been making appointments in pick and choose manner and the candidates, who had already registered their names with the Employment Exchange as early as in 2004, have been deprived of their chances of getting selected on account of direct recruitment in an arbitrary manner. Therefore, the petitioner is before this Court, seeking for the above relief.

4. The prayer sought for in this Writ Petition is not maintainable and the petitioner cannot ask for such a blanket direction. If any appointment is made, by filling up the vacancy contrary to the Rules and Regulations, then it is open to anyone to question the same, as such a universal prayer cannot be granted. Hence, giving liberty to the aggrieved persons to challenge the appointment made contrary to the Regulations, this Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ar

To:

1.

The Union of India, Rep.by Government of Puducherry, Through Chief Secretary to Government of Puducherry, Puducherry.

2.

The Secretary to Government, Personnel & Administrative Reforms Department, Puducherry Government Secretariat, Puducherry.

3.

The Employment Exchange Officer, Puducherry Employment Exchange, Puducherry.

4.

The Chairman, Puducherry Housing Board, Anna Nagar, Nellithoppu, Pondicherry.

5.

The Secretary to Government, Finance Department, Government of Puducherry Secretariat, Puducherry.

6.

The Secretary to Government, Housing Department, Government of Puducherry Secretariat, Puducherry.

+1cc to Mr.M.Muthappan, Advocate, S.R.No.26911 W.P.No.27560 of 2009 MTI(CO) CS/03/12/2020