P.Narmadha v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.7079 OF 2022 P.Narmadha ... Petitioner .Vs.
1. The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Environment, Climate Change & Forest Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Chairman, The Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.
3. The Member Secretary, The Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner for selection and appointment to the post of Assistant (Junior Assistant) in pursuant to the Notification No.02/2019 dated 05.03.2020 issued by the first respondent TNPCB, under MBC/ICM priority category within the notified vacancies to the post of Assistant (Junior Assistant) based on merit in selection, in consideration of the representation submitted by the petitioner dated 19.02.2022. For Petitioner : Mr.G.Sankaran For Mr.T.Saravanan
For Respondents : Mr.T.Chezhian Additional Government Pleader For R1 Mrs.Vijayakumari Natarajan For R2 & R3
O R D E R
The writ petition has been filed for the issuance of a writ of mandamus directing the respondents to consider the petitioner for selection and appointment to the post of Assistant (Junior Assistant) in pursuant to the Notification No.02/2019 dated 05.03.2020 issued by the first respondent TNPCB, under MBC/ICM priority category within the notified vacancies to the post of Assistant (Junior Assistant) based on merit in selection, in consideration of the representation submitted by the petitioner dated 19.02.2022.
2. The case of the petitioner is that the second respondent issued Notification No.2/2019 dated 05.03.2020 inviting applications for direct recruitment to the post of Assistant (Junior Assistant) along with other posts. As per the notification, 38 vacancies were notified for the post of Assistant, out of which 8 vacancies were earmarked for MBC Reserved Category. The petitioner participated in the selection process and attended the interview on 24.11.2020 and thereafter, even without publication of results for the selection, the respondents proceeded to issue appointment orders to the individuals. According to the petitioner, out of 38 vacancies, 37 vacancies were already filled up and only One vacancy is available and therefore, he seeks for a direction to the respondents to consider the petitioner's representation dated 19.02.2022 for appointment to the post of Assistant under ICM priority category within the seats earmarked for MBC reserved category.
3. The learned counsel for the petitioner submits that it would be suffice if a direction is given to the respondents to consider the representation of the petitioner dated 19.02.2022.
4. Heard Mr.T.Chezhiyan, learned Additional Government Pleader for the first respondent and Mrs.Vijayakumari Natarajan, learned counsel who takes notice for the respondents 2 and 3.
5. Considering the limited scope of prayer sought for by the petitioner, this Court, without expressing anything on merits, directs the respondents 2 and 3 to consider and dispose of the representation of the petitioner dated 19.02.2022 and pass
appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
6. The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Jvm To 1.
The Principal Secretary to Government, The State of Tamil Nadu, Environment, Climate Change & Forest Department, Fort St. George, Secretariat, Chennai - 600 009.
2.
The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.
3.
The Member Secretary, The Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.
+1cc to Mr.T.Saravanan, Advocate, S.R.No.33267 +1cc to the Government Pleader, S.R.No.34264 W.P.NO.7079 OF 2022 SJ(CO) PBS/17/06/2022