Dr. J.Gunaseelan, v. The Central Administrative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.07.2023 Coram:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.Nos.17284 and 14106 of 2014 and 24958 of 2016 and M.P.No.1 of 2014 in W.P.No.17284 of 2014 and M.P.No.2 of 2014 in W.P.No.14106 of 2014 -- Dr.J.Gunaseelan .. Petitioner in W.P.No.17284 of 2014 Dr.S.Alagarasu .. Petitioner in W.P.No.14106 of 2014

1. Dr.D.Sekar

2. Dr.R.Manoharan

3. Dr.Giri Meher Baba

4. Dr.G.Selvaraj .. Petitioners in W.P.No.24958 of 2016 Vs.

1. The Central Administrative Tribunal, Madras Bench, rep. by its Registrar, City Civil Court Buildings, Chennai-104.

2. Dr.P.Padmanabhan

3. Union of India, Rep. by Government of Puducherry through the Chief Secretary to Government, Chief Secretariat, Puducherry-605 001.

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4. The Secretary to Government, Animal Husbandry and Animal Welfare Department, Puducherry.

5. Under Secretary to Government, Animal Husbandry and Animal Welfare Department, Puducherry-605 001.

6. The Secretary, Union Public Service Commission, Dholpur House, Shah Jahan Road, New Dellhi-110 069.

.. Respondents in W.P.No.17284 of 2014

1. The Union of India, Rep. by the Government of Puducherry, through Chief Secretary to Government, Chief Secretariat, Puducherry.

2. Secretary to Government, Animal Husbandry and Animal Welfare Department, Puducherry.

3. Under Secretary to Government, Animal Husbandry and Animal Welfare Department, Puducherry.

4. The Secretary, Union Public Service Commission, New Delhi.

5. Thiru.Dr.P.Padmanabhan

6. The Registrar, Central Administrative Tribunal, City Civil Court Building, Chennai-104.

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.. Respondents in W.P.No.14106 of 2014

1. Union of India, rep. by its Chief Secretary, Government of Puducherry, Secretariat, Puducherry.

2. The Secretary to Government, Animal Husbandry Department, Government of Puducherry, Puducherry.

3. The Deputy Secretary to Government, Animal Husbandry Department, Government of Puducherry, Puducherry.

4. Dr.P.Padmanabhan

5. The Registrar, Central Administrative Tribunal, City Civil Court Buildings, Chennai-104.

.. Respondents in W.P.No.24958 of 2016 Writ Petition No.17284 of 2014 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus after calling for the records relating to the order dated 28.02.2014 passed by the first respondent Tribunal in O.A.No.390 of 2012 and quash the same as being illegal, arbitrary, contrary to service rules and unconstitutional and consequently direct the respondents 3 to 6 to effect promotion to the post of Director of Animal Husbandry in accordance with the recruitment rules and after considering the claims of the petitioner with all service benefits, including seniority and monetary 3 / 7

benefits.

Writ Petition No.14106 of 2014 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records relating to the sixth respondent's order dated 28.02.2014 made in O.A.No.390 of 2012 and to quash the same.

Writ Petition No.24958 of 2016 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of the fifth respondent made in O.A.No.1613 of 2011, dated 12.11.2015, to quash the same and consequently direct the respondents 1 to 3 to place the petitioners over and above the fourth respondent for all purposes including seniority, promotion and other service benefits. For petitioner in W.P.No.17284 of 2014: Mr.C.K.Chandrasekar For petitioner in W.P.No.14106 of 2014 : Mr.L.Chandrakumar For petitioner in W.P.No.24958 of 2016 : Mr.L.Chandrakumar For respondents in W.P.No.17284 of 2014: R-1 - Tribunal Mr.V.Ajayakumar for R-2 Mr.R.Syed Mustafa, Spl.G.P.(P) for RR-3 to 5 Ms.Priya Kumar, Standing Counsel for R-6 4 / 7

For respondents in W.P.No.14106 of 2014: Mr.R.Syed Mustafa, Spl.G.P(P) for RR-1 to 3 Mr.V.Ajaya Kumar for R-5 Ms.Priya Kumar for R-4 R-6 - Tribunal For respondents in W.P.No.24958 of 2016 : Mr.R.Syed Mustafa, Spl.G.P.(P) for RR-1 to 3 Mr.A.Ajaya Kumar for R-4 R-5 - Tribunal COMMON ORDER (The Common Order of the Court was made by D.Krishnakumar ,J) It is represented by learned counsel for the petitioners that the prayers in these Writ Petitions have become infructuous and nothing survives for further adjudication and hence, the Writ Petitions are dismissed as having become infructuous. There shall be no order as to costs. Consequently, the miscellaneous petitions are closed.

(D.K.K., J) (P.B.B., J) 07.07.2023 cs 5 / 7

To

1. The Central Administrative Tribunal, Madras Bench, rep. by its Registrar, City Civil Court Buildings, Chennai-104.

2. Union of India, Rep. by Government of Puducherry through the Chief Secretary to Government, Chief Secretariat, Puducherry-605 001.

3. The Secretary to Government, Animal Husbandry and Animal Welfare Department, Puducherry.

4. Under Secretary to Government, Animal Husbandry and Animal Welfare Department, Puducherry-605 001.

5. The Secretary, Union Public Service Commission, Dholpur House, Shah Jahan Road, New Dellhi-110 069.

6. The Deputy Secretary to Government, Animal Husbandry Department, Government of Puducherry, Puducherry.

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D.KRISHNAKUMAR, J and P.B.BALAJI, J cs and W.P.No.24958 of 2016 07.07.2023 7 / 7