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Madras High CourtWP/9400/2014dismissed

P.Magesh v. Tamilnadu Public Service

2023-08-24Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and MP.No.1 of 2014 and W.M.P.No.3354 of 2016 P.Magesh ... Petitioner -Vs1.Tamil Nadu Public Service Commission, Represented by the Chairman, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 600 003.

2.The State of Tamil Nadu Represented by the Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents herein, to conduct certificate verification for the petitioner (Register No.28710022) in pursuance of his provisional selection for appointment to any of the posts included in Group IV Services for the year 2007-08 to 2012-13 in Tamil Nadu Ministerial Service/Tamil Nadu Judicial Ministerial Service/Tamil Nadu Secretariat Service/ Tamil Nadu Survey Land Records Subordinate Service, as

notified by the first respondent in its publication dated 22.02.2013 and upon verification of the genuineness of the certificates to confirm the petitioner's selection for appointment by direct recruitment to the posts of Junior Assistant/ Bill Collector Grade-I/ Field Surveyor/Draughtsman included in Group IV Services for the years 2007-08 to 2012-13 with reference to Commission's Notification dated 27.04.2012 and to forward his name to the concerned authorities for appointment and for a direction to the second respondent to issue appropriate orders to the concerned authorities to issue an order of appointment in any of the notified posts to him and to grant him all consequential benefits, with retrospective effect of date of appointment of the other selectees. For Petitioner : Mr.M.Ravi For R1 : Mrs.G.Hema For R2 : Mr.M.Muthusamy Government Advocate

ORDER

This Writ Petition has been filed for direction directing the respondents to conduct certificate verification for the petitioner (Register No.28710022) in pursuance of his provisional selection for appointment to any of the posts included in Group IV Services for the year 2007-08 to 2012-13 in Tamil Nadu Ministerial Service/Tamil Nadu Judicial Ministerial Service/Tamil Nadu Secretariat Service/Tamil Nadu Survey Land Records Subordinate Service, as notified by the first respondent in its publication dated 22.02.2013 and upon verification of the genuineness of the certificates to confirm the petitioner's selection for appointment by direct recruitment to the posts of

Junior Assistant/ Bill Collector Grade-I/ Field Surveyor/Draughtsman included in Group IV Services for the years 2007-08 to 2012-13 with reference to Commission's Notification dated 27.04.2012 and to forward his name to the concerned authorities for appointment and for a direction to the second respondent to issue appropriate orders to the concerned authorities to issue an order of appointment in any of the notified posts to him and to grant him all consequential benefits, with retrospective effect of date of appointment of the other selectees.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.

3. The petitioner submitted application in pursuant to the notification dated 27.04.2012 for the competitive examination to the posts of Group IV services. Thereafter, he had gone to Andra Pradesh and worked in Agricultural farms on daily wages basis. Though he was provisionally selected, he was not intimated for certificate verification. Therefore, he submitted a representation.

4. A perusal of the counter filed by the first respondent revealed that the

selection list was published on 22.02.2013 and certificate verification and counselling was announced and held from 28.02.2013 to 04.03.2013. Due to paucity of time, communication of individual intimation to all the 2899 selected candidates could not be prepared and dispatched to the candidates. Therefore, they informed the selected candidates through SMS, E-mail address and also press release was issued informing the above dates for certificate verification and counselling. It was also published in leading dailies. That apart, all the District Collectors were informed to make necessary arrangements to inform all the candidates regarding the date and time of certificate verification. In fact, few candidates were absent for the II phase certificate verification and counselling and they had represented to the first respondent.

Thereafter, they were called for certificate verification and counselling. Whereas, the petitioner is concerned, he made representation only after 10 months from the date of the certificate verification. In fact, sixth phase counselling was completed only on 22.01.2014. Only after the completion of counselling, the petitioner had submitted his representation.

5. Therefore, the prayer sought for in this writ petition cannot be considered and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently,

connected Miscellaneous petitions are closed. No costs. 24.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 600 003.

2. The Secretary to Government, The State of Tamil Nadu, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.

24.08.2023