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Madras High CourtWP/31781/2012dismissed as infructuous

G.Velan, v. Government Of Tamil Nadu,

2024-04-15Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.Nos.01 & 02 of 2012

1. G.Velan 2.E.T.Mohankumar 3.D.Antony 4.K.Janarthanam 5.A.Manimegalai ....Petitioners Vs

1. Government of Tamil Nadu, Represented by its Secretary to Government, Animal Husbandry and Fisheries Department, Fort St.George, Chennai - 600 009.

2. The Director of Fisheries DMS Campus, Teynampet, Chennai - 600 009.

3. The Tamil Nadu Public Service Commission Represented by its Secretary Greams Road, Chennai ....Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent comprised in impugned Notification dated 01.11.2012 in Notification No.42 of 2012 quash the same as arbitrary, illegal, unconstitutional and contrary to Tamil Nadu Fisheries Service Rules in so far as the Notification seeks to fill the vacancies through direct recruitment in excess of ratio as contained in Rule 2(a) of Tamil Nadu Fisheries Rules and consequently direct the respondents to fill up the vacancies for the post of Assistant Directors in the State of Tamil Nady by following the ratio as contained in Rule 2(a) of the Tamil Nadu Fisheries Service Rules. For Petitioner : Mr.M.A.Gowthaman For R1 & R2 : Mr.M.Jayanthy AGP For R3 : Mr.R.Bharanitharan

O R D E R

This petition is filed challenging the notification issued by the TNPSC seeking application for appointment to the post of Assistant Directors in Fisheries Department. Petitioners who are already in Service in the Feeder post for being promoted as Assistant Director filed this Writ Petition challenging the Quota for Direct Recruitment. This notification was issued on 01.11.2012. We are in 2024.

2. The learned counsel appearing for the respondents 1 & 2 submitted that, selection process in pursuance to Notification No.42 of 2012 dated 01.11.2012 was over in 2018 itself. 11 posts had been filled up.

3. It is the submission of the learned counsel for the 3rd respondent that, the names of 11 persons had been forwarded to the Government as per the Commissioner's letter dated 30.05.2017, 22,05.2018 and 11.03.2019. The Government approved and appointed 11 candidates as per G.O.Ms.No.127,121 & 30, Animal Husbandry Dairying and Fisheries (FS2) Department, dated 19.06.2017, 21.06.2018 & 06.02.2020.

4. In view of the fact that the selection process is over and the selected candidates have been appointed, this Court is of the view that, nothing survives in this petition.

5. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 15.04.2024 Index :Yes/No

Internet:Yes/No Sma G.CHANDRASEKHARAN, J Sma To

1. Government of Tamil Nadu, Represented by its Secretary to Government, Animal Husbandry and Fisheries Department, Fort St.George, Chennai - 600 009.

2. The Director of Fisheries DMS Campus, Teynampet, Chennai - 600 009.

3. The Tamil Nadu Public Service Commission Represented by its Secretary Greams Road, Chennai 15.04.2024