The Managing Director v. Ahmed Maideen
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2018
CORAM
THE HONOURABLE Mr. JUSTICE R.SURESH KUMAR REV.APLW.Nos.3 & 4 of 2017 and W.M.P.Nos.849, 850 & 851 of 2017 Rev.Aplw.No.3 of 2017 The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
... Petitioner Vs
1. K.Senthil 2.The Secretary to Government, 3.P.Senbagavalli, Amman Driving School, Opposite to West Police Station, Main Road, Kovilpatty, Virudhunagar District.
4.G.Jasmin Mercy Kamala, Pandian Driving School, Main Road, Kovilpatty, Virudhunagar District - 628501 ... Respondents Rev.Aplw.No.4 of 2017 The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
... Petitioner Vs 1.K.Senthil 2.The Secretary to Government,
... Respondents Prayer in both Rev.Aplws.:-These Review Applications are filed under order 47 rule-I r/w 114 of Civil Procedure Code to Review the Common Order dated 21.11.2016 made in W.P.No.26699 of 2010 and W.P.No.22174 of 2010.
W.P.No.26699/1010: To call for th records of the Provisional Selection List dt.13.10.10 for appointment by direct recruitment to the post of Motor Vehicles Inspector Grade II in the Tamil Nadu Transport Subordinate Service 2006-2008 issued by the 2nd respondent and the consequential order passed by the 2nd respondent made inMemorandum No.4615/ED-A3/2010 dt.26.10.10 and quash the same and consequently direct the 2nd respondent to consider the petitioner for Selection/Appointment to the Post of Motor Vehicle Inspector Grade-II based on the Advertisement No.187 dt.24.2009 and supplementary Notification No.191 dt.28.2.2009 in Tamil Nadu Transport Subordinate Service. W.P.No.22174/2010 : directing the respondents to permit the petitioner to attend the oral test to be held on 07.10.10 and 08.10.10 based on the Written Examination held on 24.05.
09 for appointment to the post of Motor Vehicle Inspector Grade-II in the Tamil nadu Transport Subordinate service for the year 20062008 and further direct the respondents to Provide the Key answers OMR answer sheet and marks obtained by the Petitioner in the Written examination Vide Registration No.0015001 held on 24.05.2009 For Petitioner in both Rev.Aplws.
: Dr.M.Devendran C O M M O N O R D E R These Review Applications have been filed against the common order dated 21.11.2016, passed by this Court in W.P.No.26699 of 2010 and W.P.No.22174 of 2010.
2. When the cases came up for hearing today, Dr.M.Devendran, learned Standing Counsel has produced a communication issued by the Deputy Secretary, Tamil Nadu Public Service Commission in his letter dated 28.09.2018, which contains the following averments :- "I am directed to invite attention to the references cited and to enclose herewith a copy of Proceedings dated 18.05.2018 and Letter dated 09.07.2018 of the Transport Commissioner, Chennai- 600 005.
It is informed that, the transport Commissioner, Chennai - 600 005, has sent office proceedings containing appointment Order issued to the petitioner candidate Thiru K.Senthil, vide Proc.No.54374/T 1/2013 dated 18.05.2018.
Further, the Transport Commissioner had communicated vide R.No.54374/T 1/2013 dated 09.07.2018 that issue of revised seniority list of candidates selected to the post of Motor Vehicle Inspector-Grade II in the Tamil Nadu Transport Subordinate Service for the year 2006-08 & in which it has been stated that the candidate Thiru K.Senthil had joined duty on 01.06.2018 FN.
I am, therefore, to request that the above facts may be appraised to the Hon'ble Judge when the matter comes up for hearing."
3. By placing the aforesaid instructions in the letter, the learned Standing Counsel would submit that, since order of this Court, which was sought to be reviewed herein, has already been implemented and by virtue of that the first respondent/writ petitioner has already been appointed as Motor Vehicle Inspector and he has also joined duty on 01.06.2018 Forenoon, therefore, virtually nothing survives in the review petitions for adjudication.
4. By recording, the said submissions made by the learned Standing Counsel appearing for the review petitioner along with the contention of the letter of the Deputy Secretary, Tamil Nadu Public Service Commission dated 28.09.2018, as extracted above, these review applications are dismissed as infractuous. Consequently, the connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar rts/dua To 1.The Secretary to Government,
2. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
+1cc to Mr.M.Devendran, Advocate SR.No.67668 REV.APLW.Nos.3 & 4 of 2017 and W.M.P.Nos.849, 850 & 851 of 2017 GMY(24/10/2018)