N.Packiarajan v. The State Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR N.Packiarajan ..

Petitioner v.

1. The State of Tamil Nadu rep. by its Secretary to Government Human Resources Management Department Fort St.George, Chennai 600 009

2. The State of Tamil Nadu rep. by its Principal Secretary to Government School Education Department Fort St.George, Chennai 600 009

3. The State of Tamil Nadu rep. by its Principal Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare Department Fort St.George, Chennai 600 009 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare that the third proviso to Section 27(f) of the Tamilnadu Government Servants (Conditions of

Service) Act 2016 is violative of ultra vires the provisions of Articles 14, 16(1), 16(4) and 16(4(B) of the Constitution of India insofar as it allows the unfilled vacancies reserved for Backward Classes in a particular year to lapse, instead of being carried forward for the next recruitment years as in the case of unfilled vacancies of Scheduled Castes, Scheduled Tribes, Most Backward Classes and Denotified Communities and hence unconstitutional. For Petitioner ::

Mr.R.Ramachandran For Respondents ::

Mrs.E.Ranganayaki Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of declaration has been instituted to declare that the third proviso to Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 is violative of ultra vires the provisions of Articles 14, 16(1), 16(4) and 16(4(B) of the Constitution of India insofar as it allows the unfilled vacancies reserved for Backward Classes in a particular year to lapse instead of being carried forward for the next recruitment years as in the case of unfilled vacancies of Scheduled Castes, Scheduled Tribes, Most Backward Classes and Denotified Communities and hence unconstitutional.

2. With reference to the relief as such sought for in the present writ petition, the Secretary to Government, Human Resources Management Department filed a counter affidavit stating that amending the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 in a comprehensive manner, including the provisions relating to the rule of reservation, is under process.

3. In view of the said averment in the counter affidavit, adjudication on merits at present may not be required. The respondents are directed to expedite the process and take an appropriate decision in accordance with law, as expeditiously as possible. The writ petition stands disposed of. Consequently, W.M.P.No.20946 of 2024 is closed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) 02.04.2025 ss

To

1. The Secretary to Government Human Resources Management Department Fort St.George Chennai 600 009

2. The Principal Secretary to Government School Education Department Fort St.George Chennai 600 009

3. The Principal Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare Department Fort St.George Chennai 600 009

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 02.04.2025