V.Tharagaraman v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and WMP No.15096 of 2023 V.Tharaga Raman
...Petitioner
Vs
1. The State of Tamil Nadu represented by its Secretary, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.
2. The State of Tamil Nadu, Rep by its Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.
3. The Director of Drugs Control, Chennai-600 006.
4. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to prepare the seniority list for the purpose of promotion to the post of Deputy 1/4
Government Analyst on the basis of merit i.e., the marks they scored in the selection by TNPSC for appointment to the post of Junior Analyst without considering the communal roster points/order of communal rotation stimulated in the selection list prepared by the TNPSC for appointment to the post of Junior Analyst in the Tamil Nadu Medical Service, 2000-2001 by considering the objection made by the petitioner dated 04.05.2023 in accordance with law.
For Petitioner : Mr.P.Ganesan For Respondents : Mr.P.Baladhandayutham Spl.Government Pleader R.1 to R.3 Ms.Niraimathi Standing Counsel For R.4
ORDER
Through the panel for the post of Senior Analysts made vide G.O.(2D) No.18 Health and Family Welfare (M1) Department dated 24.03.2022, the petitioner had given his objection on 04.05.2023 in connection with non-inclusion of his name in the panel. The panel also calls for representations from the Junior Analyst for non-inclusion of their names in the list, which has been adhered to by the petitioner in his representation. In view of non-consideration of the petitioner's representation in time, he has 2/4
filed the present writ petition.
2. Whenever objection of this nature is made, there is a duty cast upon the respondents to consider it expeditiously, failing which, the same would amount to dereliction of duty.
3. This Court is of the view that if the respondents are directed to consider the petitioner's objection within a stipulated time, ends of justice would be met with.
4. Accordingly, the first respondent is directed to consider the objection of the petitioner dated 04.05.2023 and take appropriate course of action in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.06.2023 Index:Yes/No 3/4
Speaking order/Non-speaking order sr M.S.RAMESH,J., sr To
1. The State of Tamil Nadu represented by its Secretary, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.
2. The State of Tamil Nadu, Rep by its Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.
3. The Director of Drugs Control, Chennai-600 006.
4. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.
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