S.V.Vaishali v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR S.V.Vaishali .. Petitioner in W.P.No.25611 of 2023 M.Siva Shanmugi .. Petitioner in W.P.No.25612 of 2023 R.Kowsalya .. Petitioner in W.P.No.25613 of 2023
Versus
1.The Secretary to Government Social Welfare and Women Empowerment Department Fort St.George, Chennai - 600 009 2.The Commissioner Commissionerate of Social Welfare No.1, 2nd Floor Abdul Razzak Street Anna Nagar, Panagal Maligai Saidapet, Chennai - 600 015 3.The Secretary Tamilnadu Public Service Commission Frazer Bridge Road V.O.C.Nagar Park Town, Chennai - 600 003 .. Respondents in all cases Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation of the Petitioner dated 02.08.2023 and accordingly direct the 1st and 2nd respondents to operate the RESERVE LIST issued by the 2nd respondents proceedings in Na.Ka.No.18707/ N.1 (2)/ 2023 dated 12.07.2023 under RTI Act 2005 and appoint the petitioner to the Post of Assistant Director/District Social Welfare Officer. 1/4
In all writ petitions For Petitioners : Mr.P.Nethaji For Respondents : Mr.S.Arumugham for R1 & R2 Government Advocate Mrs.G.Hema for R3 COMMON ORDER These writ petitions are filed seeking to direct the respondents 1 and 2 to consider the representation of the petitioner dated 02.08.2023 and accordingly direct them to operate the reserve list issued by the 2nd respondent's proceedings in Na.Ka.No.18707/N.1(2)/2023 dated 12.07.2023 under RTI Act, 2005 and appoint the petitioners to the Post of Assistant Director/District Social Welfare Officer.
2. Since the facts and circumstances of these are identical in nature, they are disposed of by way of this common order.
3. It is the case of the writ petitioners that they had applied for the post of Assistant Director/District Social Welfare Officer in the Department of Social Welfare and Women Empowerment and they are kept in the reserved list, however, still there are six vacancies available. Therefore, they may be considered for the said vacancies. Hence, they made representations on 02.08.2023, which are pending without consideration till date. Hence, these 2/4
writ petitions.
4. The learned Special Government Pleader submitted that said six vacancies are to be filled by only by way of promotion. Therefore, the petitioners cannot be filled in the said six vacancies. The petitioners, who are in the reserve list will be considered from the respective categories against the vacancies caused, if any, due to any of of following reasons only after the receipt of proposal from the Government/Head of Department for allotment of substitute from the reserve list. They are 1) selected candidates not joining duty, 2) selected candidates who joined duty, but left thereafter, 3) cancellation of provisional selection of the selected candidates for any reason. Further, the reserve list shall be in force till the regular list of selected candidates is drawn up for the subsequent recruitment to the same post.
5. Such view of the matter, this Court is of the view that since consideration to the regular appointment is only as per Rules, the petitioner as a matter of right cannot seek appointment. At any how, let the respondents consider the representation of the petitioners dated 02.08.2023 and pass appropriate orders on merits and in accordance with law. N.SATHISH KUMAR, J.
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6. In view of the above, these writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 12.09.2023 dhk Internet :Yes/No Index : Yes/No To, 1.The Secretary to Government Social Welfare and Women Empowerment Department Fort St.George, Chennai - 600 009 2.The Commissioner Commissionerate of Social Welfare No.1, 2nd Floor Abdul Razzak Street Anna Nagar, Panagal Maligai Saidapet, Chennai - 600 015 3.The Secretary Tamilnadu Public Service Commission Frazer Bridge Road V.O.C.Nagar Park Town, Chennai - 600 003 4/4