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Madras High CourtWP/9538/2022dismissed as infructuous

K.Arunmagesh v. The State Of Tamil Nadu

2024-01-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.9284 of 2022 K.Arunmagesh

...Petitioner

-Vs1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director of Public Health and Preventive Medicine, DMS Compound, Anna Salai, Teynampet, Chennai - 600 006.

3.The Chairman, Medical Services Recruitment Board, 7th Floor, DMS Compound, 359, Anna Salai, Chennai - 600 006.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to implement G.O.Ms.No.338, Health and Family Welfare Department dated 02.08.2019 to fill up the regular sanctioned vacancies to the post of Health

Inspector Grade - II as per the qualification prescribed in the Government Order and consequently consider the Petitioner for selection for regular appointment to the sanctioned post of Health Inspector Grade - II based on the merit in the selection and based on the representation submitted by the Petitioner, within a time frame to be fixed by this Hon'ble Court. For Petitioner : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For R1 and R2 : Mr.S.Rajesh Government Advocate For R3 : Mr.L.Murugavelu

ORDER

This writ petition has been filed for direction directing the Respondents to implement G.O.Ms.No.338, Health and Family Welfare Department dated 02.08.2019 to fill up the regular sanctioned vacancies to the post of Health Inspector Grade - II as per the qualification prescribed in the Government Order and consequently consider the Petitioner for selection for regular appointment to the sanctioned post of Health Inspector Grade - II based on the merit in the selection and based on the representation submitted by the Petitioner, within a time frame to be fixed by this Hon'ble Court.

2. Heard the learned counsel on either side and perused the materials available on record.

3. Pending writ petition, the selection was completed by direct recruitment. That apart, the notification was also challenged before this Court in W.P.No.21428 of 2023 by the third parties. Therefore, the direction sought for in this writ petition become infructuous. The petitioner is at liberty to challenge the same in the manner known to law, if so advised.

4. In view of the above, this writ petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

02.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The Principal Secretary to Government, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director of Public Health and Preventive Medicine, DMS Compound, Anna Salai, Teynampet, Chennai - 600 006.

3.The Chairman, Medical Services Recruitment Board, 7th Floor, DMS Compound, 359, Anna Salai, Chennai - 600 006 and W.M.P.No.9284 of 2022 02.01.2024