M.Santhosh v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.M.Santhosh 2.V.R.Sangari 3.M.Vijayaragan 4.K.Sengivel 5.Anbuchezhian R 6.N.Priya ... Petitioners Vs.
1.The State of Tamil Nadu Rep. by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector, 1/6
Cuddalore District, Cuddalore.
4.The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Park Town, Chennai-03.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the Respondent No.3 and 4 herein to appoint the petitioners to the post of Overseer in the existing vacancies as they had already selected in the written examination conducted by the Tamil Nadu Government for the post notified in the notification G.O.(Ms).No.105 dated 09.11.2012 and the notification G.O.(Ms).No.65 dated 03.07.2013 in accordance with the order of this Court dated 24.04.2024 in W.P.No.18580 and 21291 of 2023 within a stipulated time frame fixed by this Court.
For Petitioners : M/s.G.S.Saranya Bai For R1 to R3 : Mr.G.Nanmaran Special Government Pleader For R4 : M/s.G.Hema Standing Counsel (TNPSC)
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents 3 and 4 herein to appoint the petitioners to the post of Overseer in the existing vacancies as they had already selected in the written examination conducted by the Tamil Nadu 2/6
Government for the post notified in the Notification G.O.(Ms).No.105 dated 09.11.2012 and the Notification G.O.(Ms).No.65 dated 03.07.2013 in accordance with the order of this Court dated 24.04.2024 in W.P.Nos.18580 and 21291 of 2023 within a stipulated time frame fixed by this Court.
2. The learned counsel for the petitioners would submit that the petitioners have completed Diploma in Civil Engineering and thereafter, they had undergone one year apprenticeship training in Civil Engineering at the office of the Public Works Department, Cuddalore and they have registered their names in the District Employment Exchange, Cuddalore. The learned counsel for the petitioners would further submit that vide G.O.Ms.No.105, dated 09.11.2012, when the 2nd respondent sought for the eligible candidates, the petitioners have been selected to the post of Technical Assistants on a contract basis with consolidated pay of Rs.12,000/- per month. However, they were relieved from service on 31.08.2016 without following any due process. The learned counsel for the petitioners would further submit that there are about 300 vacancies available for the post of Overseer for which they are qualified. Hence, they have sent representations to the respondents to consider them for the post of Overseer vide their representations dated 3/6
07.05.2025, 21.05.2025 and 26.05.2025 and such representations are yet to be considered by the respondents.
3. Per contra, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that though there are 300 vacancies, the Government has already requested the Tamil Nadu Public Service Commission to notify the post for recruitment under G.O.Ms.No.97 and that the Tamil Nadu Public Service Commission has selected the candidates, and those selected candidates are working in various Departments. Therefore, it is the submission of the learned Special Government Pleader that the petitioners have no right for any posting and apart from that there is also laches on their part in pursuing their claim. However, he would fairly submit that if any representation is given by the petitioners, the same would be considered in accordance with law.
4. In view of the such submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the 3rd respondent to consider the petitioners' representations dated 07.05.2025, 21.05.2025 and 26.05.2025 and pass orders on it's own merits and in accordance with law, 4/6
within a period of twelve weeks from the date of receipt of copy of this order.
5. With the above direction, the Writ Petition is disposed of. No costs. 17.06.2025 (2/2) Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Secretary, State of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015. 3.The District Collector, Cuddalore District, Cuddalore.
4.The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Park Town, Chennai-03.
5/6
C.KUMARAPPAN, J.
dm 17.06.2025 (2/2) 6/6