T.Ananth v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3369 of 2024 and WMP.No.3630 of 2024 T.Ananth ... Petitioner Vs.
1.The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai 600 104 2.The Controller of Examinations, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai 600 104 3.The Principal Secretary / Commissioner of Labour, Labour Commissionerate, DMS Complex, Teynampet, Chennai 600 006 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to appoint the petitioner to the post of Typist pursuant to the Notification No.7/2022 dated 30.03.2022 and No.7B/2022, dated 21.03.2023, along with all service benefits on par with the other appointed candidates. 1/7
For Petitioner : Mr.K.Sathish Kumar For Respondents For R3 : Mrs.R.L.Karthika, Government Advocate For R1 & 2 : Mrs.G.Hema, Standing Counsel
ORDER
This writ petition has been filed for direction to the respondents to appoint the petitioner in the post of Typist in pursuant to the notifications dated 30.03.2022 and 21.03.2023. 2.
Heard, the learned counsel appearing on either side. 3.
The first respondent published a notification for Combined Civil Services Examination Group-IV in notification No.7 of 2022 dated 30.03.2022. As per the notification, applications were invited from the eligible candidates for direct recruitment against the vacancies included in the Tamilnadu Ministerial Service, Tamilnadu Judicial Ministerial 2/7
Service, Tamilnadu Secretariat Service, Tamilnadu Legislative Assembly Secretariat Services, Tamilnadu Slum Clearance Board Non-Technical Subordinate Service and Tamilnadu Housing Board Subordinate Service. The total vacancies was 7301. As per the amended notification dated 21.03.2023, the revised vacancies was 10,117. The petitioner had applied for the post of Typist. He scored 246 marks and for the post of Typist, his overall rank is 1552 and communal rank is 571. In respect of all the posts, his over all rank is 7554 and his communal rank is 2764. He was also provisionally admitted for on-screen certificate verification by the first respondent's memorandum dated 10.04.2023. Accordingly, the petitioner uploaded scanned copy of his original documents in the website. He also uploaded the details of criminal cases.
After uploading the same, he received acknowledgment. Thereafter, he was called for certificate verification through physical mode by the first respondent. The petitioner appeared and produced all the certificates and he was provisionally allotted with the direction to produce acknowledgment from the authority concerned in respect of removal of his name from FIR in crime No.200 of 2017 dated 15.05.2017.
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4.
On perusal of FIR registered in Cr.No.200 of 2017, it was registered as against the petitioner and another for the offence under Sections 294(b), 323, 324 & 506(ii) of IPC on receipt of the complaint from one, Nalini. The petitioner was arrayed as the second accused. After completion of investigation, the investigation officer removed the name of the petitioner from the final report and filed final report only as against the first accused. The deletion report was also filed along with charge sheet. As directed by the first respondent, the petitioner submitted all the documents regarding removal of his name from the criminal case and filing of final report. In fact, as against the first accused also, the criminal case ended in acquittal by the judgment dated 09.01.2024 in CC.No.656 of 2023 on the file of the Judicial Magistrate, Theni. Even then, the first respondent did not consider the case of the petitioner to appoint him in the post of Typist.
5.
Considering the above facts and circumstances of the case, the first respondent is directed to consider the case of the petitioner to 4/7
appoint him in the post of Typist in pursuant to the deletion of his name from the entire charges in Cr.No.200 of 2017 on the file of the Inspector of Police, Veerapandi Police Station, Theni District and appoint him in the post of Typist within a period of two weeks from the date of receipt of copy of this order.
6.
With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
14.02.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok To 1.The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai 600 104 2.The Controller of Examinations, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai 600 104 3.The Principal Secretary / Commissioner of Labour, Labour Commissionerate, 5/7
DMS Complex, Teynampet, Chennai 600 006 G.K.ILANTHIRAIYAN, J.
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