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Madras High CourtWA/167/2022disposed of

The Member Secretary v. C.Seenuvasan

2025-06-06Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A. No. 167 of 2022

1. The Member Secretary Tamil Nadu Public Service commission, Frazeer Bazaar St. VOC Nagar, Park Town, chennai Appellant(s) Vs

1. C.Seenuvasan S/o Chinnasamy, 5/68, Main road, Chittanthangal village, Puhirampattu Post 606 402 Sankarapuram Tk, Kallakurichi Dt Respondent(s) PRAYER To set aside the order passed by this honble court in W.P.No. 4372 of 2020 dated 02.07.2021 by allowing this writ appeal with costs and pass such further or other orders as this Hon'ble court may deem fit and proper in the circumstances of the case

For Appellant(s):

M/s.G.Hema Standing Counsel For Respondent(s):

No appearance

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) The present Writ Appeal is filed to set aside the order passed by this Court in W.P.No.4372 of 2020 dated 02.07.2021.

2. Today when the matter is taken up for hearing, the learned Standing Counsel appearing for the appellant produced a copy of the order passed by the Hon'ble Supreme Court, dated 01.05.2023 in S.L.P.No.4357 of 2020 filed by the Tamil Nadu Public Service Commission, wherein, the Hon'ble Supreme Court had observed as follows:- "3. Pursuant thereto, the petitioner - Tamil Nadu Public Service Commissioner, has taken a decision resolving to select and recommend the names of 62 candidates mentioned in Table I of the additional affidavit dated 28.04.2023 appended with Interlocutory Application No.89727/2023, for appointment to the posts mentioned in the Table itself. As regard to 10 candidates in the Table II, it is stated that even after treating them eligible, they do not come into the zone of consideration. As regard to 6 candidates mentioned in Table III, it is stated that they will be adjusted against future vacancies as no posts were reserved for them during the pendency of the case(s). The appointment of these 6 candidates will be subject to other eligibility conditions.

4. The Special Leave Petitions are, accordingly, disposed of in terms of the additional affidavit dated 29.04.2023 filed by the petitioner - Tamil Nadu Public Service Commission, along with Tables I, II and III. The Public Service Commission shall be at liberty to act upon as per its

decision referred to above, as early as possible and preferably within two months from the date of receipt of a copy of this order.

5. It is made clear that this order shall not give rise to any cause of action in favour of such candidates who have not approached the Courts so far."

3. The learned Standing Counsel appearing for the appellant submitted that even after treating the respondent eligible, he does not come into the zone of consideration and hence, he was not appointed.

4. There is no representation on behalf of the respondent.

5. Recording the submissions made by the learned Standing Counsel appearing for the appellant, this Writ Appeal is closed. There shall be no order as to costs.

(J.NISHA BANU, J.) (M.JOTHIRAMAN, J.) 06-06-2025 ASI

To 1.C.Seenuvasan S/o Chinnasamy, 5/68, Main road, Chittanthangal village, Puhirampattu Post 606 402 Sankarapuram Tk, Kallakurichi Dt

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W. A. No. 167 of 2022 06-06-2025