E.Medai Eswari v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.10818 of 2022 and W.M.P.Nos.10450 and 10451 of 2022

1. E.Medai Eswari

2. P.Nagaiyar @ Mala

3. S.Lalitha Puvaneswari

4. K.Kanagarathna

5. R.Thirumalai Selvi

6. A.Akila Banu

7. K.Velmurugan

8. N.Sathya

9. G.Mahaboop Jahan 10.K.Sundari 11.P.Muthulakshmi 12.P.Latha 13.K.Jeyanthi 14.M.Santhanam 15.K.Buvaneswaran 16.S.Senthil Kumar 17.C.Kanimozhi 18.J.Guru 19.P.Uma Maheswari 20.S.Baraneswari 21.V.Bagyalakshmi 22.S.Sheela 23.S.Murugeswari 24.R.Sathya 25.S.Umadevi 26.S.Santhoshkumar 27.V.Muppidathi @ Petchiappan 28.P.Girijadevi 29.R.Hema 30.D.Felicia Glotin Reny 31.M.Vijayalakshmi 32.K.V.G.Nagalakshmi

33.S.Jansi 34.N.Gandhimathi ... Petitioners vs

1. The State of Tamil Nadu, Rep. by its Chief Secretary to Government, Fort St. George, Chennai 600 009.

2. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Personnel and Administrative Reforms Dept., Fort St. George, Chennai 600 009.

3. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai 600 009.

4. The Director of Medical and Rural Health Services, No.359, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai 600 006.

5. Tamil Nadu Public Service Commission, Rep. by its Secretary, Park Town, TNPSC Road, V.O.C.Nagar, Chennai 600 003.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration to declare that Rule 9(f) of the Special Rules for Tamil Nadu Ministerial Service as amended by G.O. Ms.No.163, Personnel and Administrative Reforms (B) Department, dated 19.11.2010 in so far as the said rule stipulates that only 5% of the estimate vacancies in the category of Assistants in a Department shall be filled by transfer from the category of Steno-Typists Grade-III who have put in not less than 5 years of service is arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the 4th respondent to prepare a panel of combined seniority list of Junior Assistants, Typists and StenoTypists Grade-III based on the seniority assigned by the 5th respondent and make promotion/transfer to the posts of Assistants in the Tamil Nadu Ministerial Service from the said panel.

For the Petitioners :Mrs.Nalini Chidambaram Senior Counsel for Mrs.C.Uma For the Respondents :Mr.P.Muthukumar State Government Pleader for RR 1 to 3.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioners seeks withdrawal of the writ petition with liberty to approach the respondents with a fresh representation.

The writ petition is, accordingly, dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P.Nos.10450 and 10451 of 2022 are closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sra To:

1. The Chief Secretary to Government of Tamil Nadu, Fort St. George, Chennai 600 009.

2. The Principal Secretary to Government of Tamil Nadu, Personnel and Administrative Reforms Dept., Fort St. George, Chennai 600 009.

3. The Principal Secretary to Government of Tamil Nadu, Health & Family Welfare Department, Fort St. George, Chennai 600 009.

4. The Director of Medical and Rural Health Services, No.359, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai 600 006.

5. The Secretary, Tamil Nadu Public Service Commission, Park Town, TNPSC Road, V.O.C.Nagar, Chennai 600 003.

+1cc to Mrs.C.Uma, Advocate Sr.32143 W.P.No.10818 of 2022 srg 09/06/2022