M.Susil Kumar v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.6206 and 6207 of 2021 M.Susil Kumar ... Petitioner Vs.

The Member Secretary, Tamil Nadu Farest Uniformed Services Recruitment Committee, 8th Down Floor, Panagal Building, Saidapet.Chennai-600 015.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records issued by the Respondent in his proceedings No. Nil dated 05.02.2021, quash the sane and consequently direct the Respondent to appoint the petitioner bearing Registration No. 20020008892 to the post of "Forest Guard with Driving License" as per the Notification No.2 of 2019 dated 30.11.2019 and pass. For Petitioner : Mr.T.Sellapandian For Respondent : Mr.M.S.Premkumar, Government Advocate (Forest)

O R D E R

It is brought to the notice of this Court that subsequent to the filing of this Writ Petition, another Writ Petition in W.P.No.9341 of 2019 filed by the petitioner pertaining to the recruitment during the previous year came up for consideration before this Court and a learned Single Judge by an order dated 12.04.2019 allowed the said Writ Petition. Consequently, the petitioner was appointed as 'Forest Guard with Driving Licence' and is continuing in service as on date. However, a Review Application stated to have been filed against the order dated 12.04.2019 passed in W.P.No.9341 of 2019. In view of the dismissal of the said Review Application, the respondents stated to have filed Writ Appeal in W.A.No.1270 of 2021 and the same is stated to be pending as on date.

2. As the petitioner already secured appointment to the very same post for which he is agitating in the present Writ Petition, this Court is not inclined to adjudicate this matter for the present. In case, if the respondents succeed in W.A.No.1270 of 2021, the petitioner is to lose the appointment which he already secured, it is open for the petitioner to seek re-opening of

this Writ Petition for adjudication of the same on merits.

3. Accordingly, the Writ Petition is closed leaving it open to the petitioner to seek re-opening of this Writ Petition in the event of any necessity for adjudicating the matter on merits. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 19.06.2024 skr Index : Yes / No Speaking order / Non-speaking order To The Member Secretary, Tamil Nadu Farest Uniformed Services Recruitment Committee, 8th Down Floor, Panagal Building, Saidapet.Chennai-600 015.

MUMMINENI SUDHEER KUMAR, J.

skr 19.06.2024