Dr.N.Pahalavan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :09.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos. 26386 to 26388 & 26390 & 26391 of 2019 and W.M.P.Nos. 25745 to 25747 & 25749 & 25750 of 2019 Dr.N.Pahalavan Veterinary Assistant Surgeon, Veterinary Dispensary, Government of Tamil Nadu, Vellakovil & Post, Dharapuram Division Tirupur 638 107.
..Petitioner in W.P.No. 26386 of 2019 Dr.I.Ponnupandian Veterinary Assistant Surgeon, Veterinary Dispensary, Government of Tamil Nadu, Ettimadai, Coimbatore 641 105.
..Petitioner in W.P.No. 26387 of 2019 Dr.K.Chandra Rajeshwari Veterinary Assistant Surgeon, O/o. Dy.Director of Animal Husbandry, Veterinary Hospital Campus, New Colony, Thoothukudi.
..Petitioner in W.P.No. 26388 of 2019 Dr.N.Srikumar Veterinary Assistant Surgeon, Veterinary Polyclinic, Government of Tamil Nadu, Chennai 600 035.
..Petitioner in W.P.No. 26390 of 2019 Dr.K.Ravi Veterinary Assistant Surgeon, Veterinary Dispensary, Government of Tamil Nadu, Kaniyur 642 203, Udumalpet Division, Thirupur District.
..Petitioner in W.P.No. 26391 of 2019
Vs
1. The State of Tamil Nadu, Represented by the Secretary to Government., Animal Husbandry, Dairying & Fisheries Department, Fort St.George, Chennai 600 009.
2. The Secretary, Tamil Nadu Public Service Commission, Park Town, Chennai 600 003.
3. The Director, Directorate of Animal Husbandry & Veterinary Services, No. 571, Anna Salai, Nandanam, Chennai 600 035.
.. Respondents in all Writ petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the 2nd respondent to rectify the anomaly by revising the TNPSC Serial Numbers contained in the order of the 3rd respondent in Na.Ka.No. 114668/M1/98 dated 31.10.1998 in accordance with merits within the reservation under MBC quota.
For Petitioners : M/s.R.Maheswari For Respondents: Mr.R.S.Selavam, Government Advocate. C O M M O N O R D E R Since the prayer in the above Writ Petitions are one and the same, they are clubbed together and a common order is passed.
2. The case of the petitioners is that they have done B.V.Sc., in the years 1993 & 1996 & 1997 respectively, from Veterinary College & Research Institute, Namakkal & Madras respectively, affiliated to the Tamil Nadu Veterinary & Animal Sciences University. The petitioners submitted that the 2nd respondent issued TNPSC Notification dated 21.10.1997 calling for applications for 174 posts of Veterinary Assistant Surgeons including 12 Backlog vacancies in Most-Backward Community (MBC) quota in the Department of Veterinary Services & Animal Husbandry. The petitioners herein applied for the said post under Most Backward Community (MBC) quota and got selected to the said post through the process of competitive written
examination and interview conducted by the 2nd respondent. Pursuant to the same, the 3rd respondent issued appointment order dated 31.10.1998 and the petitioners joined the Department of Veterinary Services and Animal Husbandry on 12.11.1998 & 14.11.1998 & 16.11.1998 & 18.11.1998 respectively, as Veterinary Assistant Surgeon and have gained unblemished service in the field for more than 20 years.
3. The learned counsel appearing for the petitioners would submit that it would suffice if this Court issues direction to the respondents to consider the petitioners representations and pass orders, within a specified time frame.
4. The learned counsel appearing for the respondents in all cases conceded the request made by the learned counsel appearing for the petitioners.
5. Considering the facts and circumstances of the cases and the limited request made by the learned counsel for the petitioners, I am inclined to issue direction to the respondents to dispose of the representations, if not disposed of already, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above directions, the Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kmm To
1. The State of Tamil Nadu, Represented by the Secretary to Government., Animal Husbandry, Dairying & Fisheries Department, Fort St.George, Chennai 600 009.
2. The Secretary, Tamil Nadu Public Service Commission, Park Town, Chennai 600 003.
3. The Director, Directorate of Animal Husbandry & Veterinary Services, No. 571, Anna Salai, Nandanam, Chennai 600 035.
+5ccs to M/s.R.Maheswari, Advocate Sr.82424 +1cc to the Government Pleader Sr.78483 +1cc to M/s.M.Devendran, Advocate Sr.77906 W.P.Nos. 26386 to 26388 & 26390 & 26391 of 2019 ppa[co] srg 30/09/2019