R.Thangavelu, v. Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 03.10.2024 Pronounced on : 30.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.34645 of 2012 R.Tahngavelu ... Petitioner Vs.
1.Government of Tamilnadu, rep. by its Secretary, School Education Department, Secretariat, Chennai - 600 009.
2.The Director, Directorate of Public libraries, 737/1 Anna Salai, Chennai - 600 002.
3.K.Mala District Central Librarian Grade-I, District Central Library, Simmakkal, Madurai 625 001.
...Respondents
*R3 impleaded as per order dated 11.07.2024 in W.M.P.No.1347 of 2024 in W.P.No.34645 of 2012 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to consider the claim of the petitioner for promotion to the post of District Library Officer.
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For Petitioner : Mr.R.Renga Ramanujam For R1 & R2 : Mr.K.H.Ravikumar Government Advocate For R3 : Mr.M.Purushothaman
ORDER
This Court, by an order dated 30.10.2024 i.e., today, passed orders in similar matter like the one before this Court in W.P.Nos.33676 of 2017 & W.P.No.10039 of 2017 and the operative portion of the said order reads as under:
"22. In the light of the above, the impugned orders in both the writ petitions are liable to be quashed and they are accordingly quashed and both the writ petitions are allowed with the following directions;
The respondents 1 and 2 are directed to ascertain the vacancies that arose year wise during the panel years 2012-2013 to 2016-2017 and fill up the said vacancies by preparing year wise panels by considering all the eligible candidates as on the crucial date of the relevant panel year and in case, if there are no qualified candidates falling under Rule 3(i) and Rule 3(ii) then, the respondents shall consider the case of the petitioners and other similarly placed persons for being appointed by transfer to the post of District Library Officer under Rule Page No.2 of 4
3(iii) of Adhoc rules by duly taking into consideration the experience put up by them as Superintendents in Tamilnadu Ministerial Service of Public Library Department as the requisite qualification within the meaning of Rule 4 (b) of the Adhoc Rules and pass orders in accordance with law. In case, if they come up within the zone of consideration and found to be eligible otherwise, they shall be given promotion with effect from 30.05.2017 with all consequential benefits."
In the above order, this Court directed the respondents to consider the case of the petitioners and other similarly placed persons for being appointed by transfer to the post of District Library Officer under Rule 3(iii) of the Adhoc Rules.
2.
By virtue of the above order, the case of the petitioner herein, also fall for consideration and accordingly, this writ petition is also disposed of in terms of the above order dated 30.10.2024 passed in W.P.No.33676 of 2017 & W.P.No.10039 of 2021. Consequently, the connected miscellaneous petitions if any shall stand closed. No costs. 30.10.2024 Index :
Yes/No Page No.3 of 4
Speaking Order :
Yes/No dpa MUMMINENI SUDHEER KUMAR,J.
dpa To:
1.The Secretary, Government of Tamilnadu, School Education Department, Secretariat, Chennai - 600 009.
2.The Director, Directorate of Public libraries, 737/1 Anna Salai, Chennai - 600 002.
Pre-Delivery Order made in W.P.No.34645 of 2012 30.10.2024 Page No.4 of 4