R.Panneerselvam, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 01-08-2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI WRIT APPEAL No.1662 OF 2018 R.Panneerselvam .... Appellant -vs1.The Government of Tamil Nadu, rep.by Secretary to Government, Revenue Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Government of Tamil Nadu, rep.by Secretary to Government, Department of Personnel & Administrative Reforms, Fort St.George, Secretariat, Chennai-600 009.
3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-600 003.
4.Jai Beam T.P.
5.P.Murugesan 6.P.Thiyagarajan 7.Dr.R.Suman 8.G.Sivarudhraya 9.C.Vijay Babu 10.Ms.C.Santhoshini Chandra 11.P.Aravindan 12.Dr.B.M.Senthil Kumar 13.Dr.S.Kannabiran 14.L.Bharathi Devi 15.R.Sakthivel 16.C.Ajay Srinivasan 17.M.Kannan
18.R.Govindarasu 19.S.Venkatesh 20.Dr.P.Murugesan 21.Ms.R.Ramyadevi 22.M.Rajasekaran 23.K.Ramamoorthy 24.M.Vadivelprabhu 25.A.G.Raja Rajan 26.M.Suganya 27.A.Rajkumar 28.K.Kaarthikeyan 29.G.Vimalraj 30.N.Umamaheswari 31.R.Kavitha
...Respondents
Appeal filed under Clause 15 of the Letters Patent, against the order dated 19.07.2018, passed in W.M.P.No.19541 of 2016 in W.P.No.22862 of 2016 on the file of this Court. WMP.19541/2016: Petition filed to stay the operation of the order of the 1st respondent by proceedings in GO (MS) No.91 Revenue (Ser-1) Department dated 22.02.2016 pending disposal of the above writ petition.
WP.22862/2016: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent by proceedings in GO (MS)No. 473 Revenue (Ser-1) Department dated 23.09.2010 and the notification of the 3rd respondent in advertisement No.257 with respect to treating 232 vacancies (22 SC and 1 ST) as backlog vacancy alone ending with the order of the 1st respondent in GO (MS) No.91 Revenue (Ser-1) Department dated 22.02.2016 and quash the same and consequently fix the seniority of the petitioner in the order of the merit list prepared by the 3rd respondent with respect to direct recruitment of Deputy Collectors in Tamil Nadu Civil Service.
For appellant : Mr.P.Saravana Sowmiyan For respondents 1 and 2 : Mr.R.Govindasamy, Spl.Govt.Pleader.
JUDGMENT
(Judgment of the Court was delivered by M.Dhandapani,J.) This Writ Appeal is filed, challenging the interim order, dated 19.07.2018, passed by a learned single Judge in W.M.P.No.19541 of 2016 in W.P.No.22862 of 2016, dismissing the prayer of the writ petitioner, who is the appellant herein, to
grant interim stay of the operation of the order of the first respondent in G.O.Ms.No.91, Revenue (Ser-1) Department, dated 22.02.2016, fixing the seniority among the persons selected for the backlog vacancies and regular vacancies for the post of Deputy Collector selected through Group-I Service Examination for the years 2007-2008, 2009-2010 and 2010-2011 as per Special Rules for Tamil Nadu Civil Service.
2. The learned single Judge was not inclined to grant the interim order. However, in order to give a quietus to the issue with regard to the drawal of seniority list, the learned single Judge directed the State and also the private respondents, who are stated to have been recruited in respect of the backlog vacancies, to file counter affidavits, and further directing the matter to be listed on 17.08.2018.
3. We find nothing wrong with the impugned order, as the learned single Judge has only directed the parties concerned to file counter affidavits within a specified time and the matter is also slated to be listed on 17.08.2018. However, we request the learned single Judge to dispose of the main Writ Petition within a period of three months and give a quietus to the issue. The appellant is at liberty to raise all his contentions before the learned single Judge.
4. Writ Appeal is disposed of accordingly. No costs. Consequently, the connected C.M.P.No.13379 of 2018 is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Secretary to Government, Government of Tamil Nadu, Department of Personnel & Administrative Reforms, Fort St.George, Secretariat, Chennai-600 009.
3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-600 003.
+1cc to Mr.P.Saravana sowmiyan, Advocate SR.No.52248 +1cc to Government Pleader SR.No.53283 W.A.No.1662 OF 2018 VD(CO) SMI/29.08.2018