Madras High CourtWP/2745/2013dismissed as infructuous

D.Sekar, v. State Of Tamil Nadu,

2025-02-27Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P.No.2 of 2013 D.Sekar ... Petitioner Vs.

1.State of Tamil Nadu, Represented by Chief Secretary, Fort St. George, Chennai - 600 009.

2.Secretary to Government, Government of Tamil Nadu, Personnel and Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3.Secretary to Government, Government of Tamil Nadu, Department of Social Welfare and Nutritious Meal Programme, Secretariat, Chennai - 600 009.

4.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, 1/6

V.O.C. Nagar, Chennai - 600 003.

5.Commissioner for Differently Abled Model School Road, Thousand Light, Chennai - 600 006.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the concerned records from the 1st respondent, quash G.O.Ms.No.53, Social Welfare and Nutritious Meal Programme (SW-4) Department, dated 11.04.2005 issued by the 3rd respondent, insofar as not including the post of Deputy Collector, Assistant Commissioner (CTO), District Registrar and Assistant Director of Rural Development Department in the Annexure to the G.O., in the list of post identified under Group A and B categories coming under the purview of the Tamil Nadu Public Service Commission for the persons with disabilities and the notification/advertisement No.257 dated 29.12.

2010 issued by the 4th respondent in not extending the reservation for disabled in respect of the posts of Deputy Collector, Assistant Commissioner (CTO) and Assistant Director of the Rural Development Department and consequently direct the respondents to fill up the vacancies in the post of Deputy Collector, Assistant Commissioner (CTO) and Assistant Director of Rural Development Department by extending the benefit of 3% reservation to the persons with disability as provided under Section 33 of the Persons with the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

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For Petitioner : Ms.S.Kaavya for M/S.Balan Haridas For Respondents :

For R1 to R3 : Mr.E.Vijay Anandh Additional Government Pleader For R4 : Mr.R.Bharanidharan Standing Counsel For R5 : No appearance

ORDER

The challenge in this Writ Petition is directed against G.O.(Ms) No.53, Social Welfare and Nutritious Meal Programme (SW-4) Department, dated 11.04.2005, with regard to the posts of Deputy Collector, Assistant Commissioner (CTO), District Registrar and Assistant Director of Rural Development Department. As a consequential relief, the petitioner prayed that the above mentioned vacancies be filled up by extending the benefit of 3% reservation under Section 33 of the erstwhile Persons with the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. The aforesaid Government Order in G.O.(Ms) No.53, Social Welfare and Nutritious Meal Programme (SW-4) Department, dated 11.04.2005 has now been withdrawn and has been superseded with G.O.(Ms) No.25, Welfare 3/6

of Differently Abled Persons Department 14.03.2013, G.O.(Ms) No.13, Welfare of Differently Abled Persons (DAP.3.2) Department dated 02.03.2016 and thereafter G.O.Ms.No.20, Welfare of Differently Abled Persons (DAP.3.2) Department dated 20.06.2018 have been issued wherein, the concerns of the petitioner have been addressed.

3. In view thereof, under similar circumstances, W.P.No.17503 of 2010 was also disposed by this Court vide Order dated 15.11.2024.

4. Since the concerns of the petitioner have already been addressed to, this Writ Petition has been addressed and it is no longer necessary to adjudicate the issue on merits.

5. This Writ Petition has to be dismissed as infructuous and is dismissed as infructuous. No costs. Connected Miscellaneous Petition is closed. 27.02.2025 arb 4/6

To:

1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Secretary, Government of Tamil Nadu, Personnel and Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3.The Secretary, Government of Tamil Nadu, Department of Social Welfare and Nutritious Meal Programme, Secretariat, Chennai - 600 009.

4.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Chennai - 600 003.

5.Commissioner for Differently Abled Model School Road, Thousand Light, Chennai - 600 006.

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C.SARAVANAN, J.

arb and M.P.No.2 of 2013 27.02.2025 6/6