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Madras High CourtWP/40773/2016dismissed as infructuous

V.Ramasamy v. The Government Of Tamilnadu

2020-02-27Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.02.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.Nos. 40773 & 40774 of 2016 and W.M.P.Nos. 34741, to 34743 of 2016 V.Ramasamy ... Petitioner in W.P.No.40773/2016 K.Velusamy ... Petitioner in W.P.No.40774/2016 Vs.

1. The Government of Tamil Nadu, Represented by the Secretary to Government, Highways and Minor ports Department, Secretariat, Chennai - 600 009.

2. The Joint Director General, Highways Department, Chepauk, Chennai 600 005.

Respondents in both writ petitions Prayer in W.P.No. 40773 of 2016: Writ petition filed under Article 226 of the Constitution of India to issue an order of direction or more in the nature of a Writ of Mandamus directing the respondents calling for the records of the 1st respondent in letter No.6007/Nir.5(2)/2015-2016, dated 17.03.2016 and quash the same and issue consequential direction to the respondents to consider claim of the petitioner for appointment as JDO (Junior Draughting Officer) in the Tamil Nadu Highways Engineering Subordinate Service and appoint him as such, granting necessary age relaxation in his favour in terms of the Tamil Nadu Subordinate Service Rule. Prayer in W.P.No.

40774 of 2016: Writ petition filed under Article 226 of the Constitution of India to issue an order of direction or more in the nature of a Writ of Mandamus directing the respondent to consider claim of the petitioner for appointment as JDO (Junior Draughting Officer) in the Tamil Nadu Highways Engineering Subordinate Service and appoint him as such, granting necessary age relaxation in his favour in terms of the, Rule 48. of the Tamil Nadu Sub-ordinate Service Rule.

For Petitioner :Mr.R.Nandakumar in both writ petitions For Respondents :Mr.S.Thangavel, Special Gov.Pleader (for R1 and R2 in both writ petitions) COMMON ORDER These writ petitions have been filed by the petitioners challenging the notification issued by the 2nd respondent in No.12390/Nir 5(1)/2014 dated 26.10.2015.

2. The learned Special Government Pleader submitted that pending writ petition, the Government has passed an order in G.O.(Ms) No.177, (HM-1) Department dated 24.10.2018, thereby cancelled the earlier notification in No.12390/Nir 5(1)/2014 dated 26.10.2015 issued by the 2nd respondent with regard to the process of recruitment to the post of Junior Draughting Officers and therefore, nothing survives for further adjudication in the writ petition. He has also placed the above said Government Order before this court.

3. Inview of the submission made by the learned Special Government pleader and in the light of the Government Order in G.O.Ms.No.177 (HM-1) Department dated 24.10.2018, these writ petitions in W.P.No.40773 of 2016 and 40774 of 2016 are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar mst To

1. The Secretary, Government of Tamil Nadu, Highways and Minor ports Department, Secretariat, Chennai - 600 009.

2. The Joint Director General, Highways Department, Chepauk, Chennai 600 005.

+1cc to M/s Government Pleader,Sr.No.18247 W.P.Nos.40773 & 40774 of 2016 and W.M.P.Nos. 34741 to 34743 of 2016 CNR(CO) GS(26/05/2020)