Madras High CourtWP/4445/2016dismissed

All India Repatriates Welfare v. The Secretary

2016-02-05Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.4445 of 2016 and WMP.No.3773 of 2016 All India Repatriates Welfare Association (Burma, Srilanka and Vietnam) Head Office: No. 15, Madhavaram High Road Perambur, Chennai -600 011 Rep.by its President, Shri.Su.Jeevan ... Petitioner Vs

1. The Secretary Ministry of Home Affairs Government of India, North Block New Dlehi - 110 001.

2. The Chairman, Public Enterprise Selection Board No.502, Block No.14, P.E.Bhawan, CGO Complex, Lodhi Road, New Delhi - 110 003 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st Respondent to initiate the recruitment process for the post of Managing Director of Repco Bank (Repatriates Co-operative Finance and Development Bank) through the 2nd Respondent and also to complete the selection.

For petitioner :

Mr.K.Kannan For R1 :

Mr. V.P.Sengottuvel Special Government Pleader

O R D E R

The writ petition is filed by Su.Jeevan, who is the President and the authorised signatory of All India Repatriates Welfare Association, seeking for a direction to the respondents to expedite the appointment of the Managing Director of Repco Bank (Repatriates Co-operative Finance and Development Bank).

2. The learned counsel for the petitioner submitted that one R.Varadarajan, who was appointed as Managing Director of Repco Bank with effect from 28.10.2010, is going to retire on superannunation on 29.2.2016 from Repco Bank and its group organisation. But till date, the respondents have not initiated any process to appoint a suitable incumbent. Therefore, it is submitted that in terms of the communication dated 31.3.2011, the Ministry shall finalise the job description / qualifications/eligibility conditions and communicate the same to the PESB, three months in advance within the stipulated period of one year. While so, no such process has been taken place so far, it is pleaded.

3. This Court is not able to find any merit in the submission made by the learned counsel for the petitioner. The reason is that the present incumbent has not yet completed his tenure and it is not known as to whether he will be allowed to continue or not. Hence, the petitioner ought not to have come to the Court with the present writ petition on mere surmises as though it is lying vacant.

There is no merit in the writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Secretary Ministry of Home Affairs Government of India, North Block New Dlehi - 110 001.

2. The Chairman, Public Enterprise Selection Board No.502, Block No.14, P.E.Bhawan, CGO Complex, Lodhi Road, New Delhi - 110 003 +1cc to Mr.K.Kannan, Advocate, S.R.No.7509 +1cc to Mr.A.V.Bharathy, Advocate, S.R.No.7648 +1cc to Mr.V.P.Sengottuvel, Advocate, S.R.No.8020 W.P.No. 4445 of 2016 CNR(CO) CA(19/02/2016)