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Madras High CourtWP/25115/2012dismissed

P.Chandira v. The State Rep. By The Defence

2023-09-21Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.25115 of 2012 and M.P.Nos.1 and 2 of 2012 P.Chandira ... Petitioner -Vs1. The State represented by the Defence Secretary, The Chairman of the "Asoka Chakkra Award", North Block, New Delhi.

2. The State represented by the Chief Secretary, The Chairman of the "Kalpana Chawla Award", St.George Fort, Secretariat, Chennai-9.

3. The State represented by the Secretary, Home Department, St.George, Secretariat, Chennai-9.

4. The State represented by the Under Secretary, Public Department, Protocall, St.George, Secretariat, Chennai-9.

5. The Director (General), Highways, Chepauk, Chennai-5.

6. The State represented by the District Collector, Nagercoil, Kanniyakumari District.

7. Rajalakshimi

8. Sivaranjani ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to 4th respondent's proceedings in his letter No.14939/General-1/2012-1 dated 24.08.2012 and quash the same as illegal and direct first and second respondent to grant "Kalpana Chawla Award" "State Prestigious Award" based upon the petitioner's representation dated 16.06.2012 submitted to the sixth respondent in person on 28.06.12 and to grant "Asoka Chakkra Award" "Nation Prestigious Award" based upon the petitioner's representation dated 10.07.2012 with S.P.Proceedings No.C1/29669 dated 29.06.2012 submitted to the District Collector in person on 13.07.2012 with prescribed format issued by the sixth respondent.

For Petitioner : No appearance For R2 to R6 : Mr.V.Veluchamy Additional Government Pleader

ORDER

This writ petition has been filed challenging the order dated 24.08.2012 passed by the fourth respondent, thereby rejected the request made by the

petitioner for recommendation of her name to the Kalpana Chawla Award.

2. Heard the learned Additional Government Pleader for the respondents 2 to 6 and perused the materials available on record.

3. The petitioner had joined as an Assistant Engineer in the Highways Department, in the year 1998. Thereafter, she submitted an application for grant of "Asoka Chakkra Award" and "Kalpana Chawla Award" for courage and bravery. However, she was directed to submit the request in a prescribed format, along with her achievements. Thereafter, additional particulars were called for through phone. Once again, on 28.07.2012, she submitted additional particulars. She further averred that though the award is not a right of an individual, submitting the application before the Selection Committee for consideration is the right of an Indian Citizen. However, according to her, without any reasons, the application was rejected.

4. A perusal of the counter filed by the respondents 2 to 4 revealed that as per G.O.Ms.No.776, Public Department, dated 04.08.2006, the Selection Committee was constituted with the Chief Secretary and 11 other members.

Thereafter, the Selection Committee was reconstituted in G.O.Ms.No.728, Public (General-I) Department, dated 12.08.2011, with the Chief Secretary to Government of Tamil Nadu as its Chairperson, the Secretary to Government, Public and Rehabilitation Department as its Member Secretary along with 7 other members. On receipt of the application from the petitioner, the Committee had thoroughly examined all the nominations and in its wisdom has selected the best candidate for the Kalpana Chawla Award. The Award is not a matter of right of an individual. The conferment of any Award given by the State Government is not a matter of right and it has been decided by the Selection Committee and it is a policy decision of the Government.

5. Therefore, this Court finds no infirmity or illegality in the order passed by the fourth respondent and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 21.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

To

1. The Defence Secretary, The Chairman of the "Asoka Chakkra Award", North Block, New Delhi.

2. The Chief Secretary, The Chairman of the "Kalpana Chawla Award", St.George Fort, Secretariat, Chennai-9.

3. The Secretary, Home Department, St.George, Secretariat, Chennai-9.

4. The Under Secretary, Public Department, Protocall, St.George, Secretariat, Chennai-9.

5. The Director (General), Highways, Chepauk, Chennai-5.

6. The District Collector, Nagercoil, Kanniyakumari District.

G.K.ILANTHIRAIYAN, J.

mn W.P.No.25115 of 2012 21.09.2023