Tamil Nadu Fisheries Executive v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.07.2017

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Writ Appeal No.280 of 2017 and C.M.P.No.4367 of 2017 Tamil Nadu Fisheries Executive Subordinate Association, Rep. By its President, K.Janarthanam, Directorate of Fisheries, D.M.S Complex, Chennai - 600 006.

... Appellant/Petitioner Vs 1.Government of Tamil Nadu, Rep. By its Secretary, Animal Husbandry and Fisheries Department, Fort St. George, Chennai - 600 009.

2.Director of Fisheries, D.M.S.Campus, Teynampet, Chennai - 600 006.

3.The Tamil Nadu Public Service Commission, Rep. By its Chairman, Frazer Bridge Road, V.O.C Nagar, Park Town, Chennai - 600 003.

4.G.A.Bushra Shabna ... Respondents (Cause title accepted vide Order of Court dated 06.03.2017 made in C.M.P.4062 of 2017) Prayer:- Writ Appeal has been filed under Clause 15 of the Letter Patent Act, to set aside the order dated 13.02.2017 made in W.M.P.No.34360 of 2016 in W.P.No.29303 of 2013. W.P.No.29303 of 2013 : Petition under Article 226 of the Constitution of India, praying that in the circumstances stated therein and in the respective affidavit filed therewith, the

High Court will be pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in issuance of notification dated 1.11.2012 in No.42 of 2012 and quash the same and thereby direct the respondents to fill up the vacancies for the post of Assistant Director of Fisheries following the Rules 2(a) of the Tamilnadu Fisheries Service Rules.

W.M.P.No.34360 of 2016 filed to vacate the interim order dated 29.10.2013 in M.P.No.2 of 2013 in W.P.No.29303 of 2013, pending disposal of the said Writ Petition.

For Appellant :

Mr.S.R.Rajagopal for Mr.P.Vasanthkumar Wisweswaran For RR1 & 2 :

Mr.V.Jayaprakash Narayanan, Special Government Pleader For R3 :

Mr.M.Loganathan For R4 :

Mr.S.Samuel Rajapandian

JUDGMENT

(Judgment of the Court was delivered by Huluvadi G.Ramesh.J.,) Seeking to set aside the order dated 13.02.2017 made in W.M.P.No.34360 of 2016 in W.P.No.29303 of 2013, the Appellant is before this Court with this Writ Appeal.

2.Heard the learned counsel for the appellant; learned Special Government Pleader appearing for the respondents 1 & 2; learned counsel for the third respondent and the learned counsel for the fourth respondent.

3.In similar writ petitions in W.P.Nos.38490, 38491 & 34241 of 2006, on 21.03.2007, this Court has passed the following order:- "Since I have already directed the respondents 1 to 3 to appoint candidates to the post of Assistant Director of Fisheries following Rule 2(a) of the Tamil Nadu Fisheries Rules in the future vacancies, it goes without saying that the respondents 1 to 3 shall not appoint more than 25% of the substantive vacancies by way of direct recruitment."

4.On 01.11.2012, the respondents have issued a notification in Notification No.42/2012 for direct recruitment to the post of

Assistant Director of Fisheries. Aggrieved by the said notification, the Appellant Association has filed a writ petition in W.P.No.29303 of 2013. In the said writ petition, a learned single Judge of this Court has passed an order of interim stay. As against the same, the fourth respondent has filed a vacate stay petition. On 13.02.2017, this Court has vacated the interim stay however, directed that any appointment made was subject to the outcome of the writ petition. Challenging the same, the appellant is before this Court with this writ appeal.

5.The learned counsel for the appellant would submit that if the ratio fixed by this Court 25:75 i.e., direct recruited persons vs. promotees will be followed, it will affect the further promotion opportunity of the promotees. Hence, according to him, the appellant Association is entitled for interim stay. 6.The learned counsel for the fourth respondent would submit that since, the notification was issued in the year 2012 and the candidates have applied for the post of Assistant Director of Fisheries for direct recruitment, the learned Single Judge was right in vacating the interim stay. Hence, according to him, the impugned order does not warrant any interference at the hands of this Court.

7.We have considered the above submissions. The appellant challenges the interim stay vacated by the learned single Judge of this Court. While vacating the interim stay, the learned Single Judge has held that any appointment made was subject to the outcome of the writ petition.

8.Without going into the merits of the case, this Court is of the view that going on challenging the interim order passed by the learned single Judge of this Court one after the other will not serve any purpose to the parties concerned. Hence, the parties are directed to approach the learned Single Judge concerned and contest the writ petition. The learned Single Judge is directed to dispose of the writ petition as expeditiously as possible.

9.With the above directions, the writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

jbm To 1.The Secretary, Government of Tamil Nadu, Animal Husbandry and Fisheries Department, Fort St. George, Chennai - 600 009.

2.The Director of Fisheries, D.M.S.Campus, Teynampet, Chennai - 600 006.

3.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C Nagar, Park Town, Chennai - 600 003.

+1cc to Mr.M.Loganathan, Advocate, S.R.No.46655 +1cc to Mr.P.Vasanthakumar, Advocate, S.R.No.42044 +1cc to M/s.S.Samuel Raja Pandian, Advocate, S.R.No.46722 +1cc to the Government Pleader, S.R.No.46892 W.A.No.280 of 2017 GP(CO) CA(31/08/2017)