J.Kumaran, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.35307 of 2016 J.Kumaran ..

Petitioner Vs.

1. Union of India rep. by the Chief Secretary to Government Government of Puducherry

2. The Secretary to Government (Law) Government of Puducherry

3. The Registrar General High Court of Judicature at Madras Chennai 600 104.

4. The Pondicherry Advocates Bar Association rep. by its General Secretary District Court Complex Mudaliarpet

5. Swarnam Natarajan

6. G.T.Ambika

7. S.Isvarane .. Respondents Petition under Article 226 of the Constitution of India praying for a writ of Declaration declaring that the existing 2 (two) vacancies in the cadre of District Judge (Entry Level) at Puducherry Judicial Service falls under direct recruitment quota and consequently direct the second and third respondent not to fill up those 2 (two) vacancies by way of promotion violating the 25% quota rule prescribed by Rule 8 of Puducherry Judicial Service (Cadre and Recruitment) Rules, 2008, which was framed in pursuance of directions of Apex Court in All India Judges Association case [2002 (4) SCC 247].

For Petitioner : Mr.J.Kumaran Petitioner-in-Person For Respondents 1 & 2 : Mr.R.Syed Mustafa Spl.G.P. (Puducherry) For Respondent-3 : Mr.B.Vijay

O R D E R

(Made by Huluvadi G.Ramesh,J) The petitioner has come up with the above writ petition seeking a writ of Declaration declaring that the existing 2 (two) vacancies in the cadre of District Judge (Entry Level) at Puducherry Judicial Service falls under direct recruitment quota and consequently direct the second and third respondent not to fill up those 2 (two) vacancies by way of promotion violating the 25% quota rule prescribed by Rule 8 of Puducherry Judicial Service (Cadre and Recruitment) Rules, 2008, which was framed in pursuance of directions of Apex Court in All India Judges Association case [2002 (4) SCC 247].

2. When the matter was taken up for hearing, the petitioner sought permission to withdraw this writ petition with liberty to file a fresh writ petition and he has also made an endorsement to that effect.

3. In view of the above, this writ petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh writ petition. There shall be no order as to costs. Consequently, WMP No.30408 of 2016 is also dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Chief Secretary to Government Government of Puducherry

2. The Secretary to Government (Law) Government of Puducherry

3. The Registrar General High Court of Judicature at Madras Chennai 600 104.

4. The General Secretay, The Pondicherry Advocates Bar Association, District Court Complex, Mudaliarpet, +1cc to Mr.J.Kumaran, Party in Person, Sr.57998 +1cc to the Government Pleader sr.58157 W.P.No.35307 of 2016.

ak[co] srg 30/11/2016