S.Gomathinayagam v. The Secretary

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 07.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.No.29118 of 2023 S.Gomathinayagam ...

Petitioner -Vs1.The Secretary Tamilnadu Public Service Commission TNPSC Road, V.O.C.Nagar, Park Town Chennai 600 003.

2.The Collector Ramanathapuram District.

..

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in Endorsement 6207/ OTD/ 62/ 2010 dated 19.10.2022 and quash the same and consequently direct the 2nd respondent to permit to the petitioner to join duty as Assistant in the Rural development and Panchayat Raj as per the proceedings and as per the orders of the Court in WP. 30134 of 2013 and W.A. 62 of 2021 and accordingly fix the seniority of the petitioner as the date when his juniors under the same occupation with all consequential attendant benefits joined duty. For Petitioner :

Mrs.Dakshayini Reddy, Senior Counsel for Mrs.S.Suneetha For Respondents :

Mrs.G.Hema, Standing Counsel - for R1 Mr.M.Alagu Gowtham, Government Advocate - for R2

O R D E R

The petitioner herein had qualified to be appointed to the post of Assistant in the Rural Development and Panchayat Raj Department and owing to the mistake committed by Tamil Nadu Public Service Commission (TNPSC), by placing the candidates who have secured the cut-off marks for the post of Assistants in the Finance Department for consideration to the posts including in certain general degree posts, his appointment was denied. In this background, this writ petition has been filed.

2. Today when the matter was called, Mrs.G.Hema learned Standing Counsel appearing for the TNPSC has produced a copy of the TNPSC's letter dated 06.11.2023 addressed to the District Collector, whereby the mistake committed by them earlier was rectified and intimated to the District Collector of Ramanathapuram.

3. A copy of the same would reveal that the petitioner herein has been provisionally selected for appointment by direct recruitment to the post of Assistant in the Rural Development and Panchayat Raj Department in the Tamil Nadu Ministerial Service. In this view of the matter, the grievance of the petitioner has been met. Accordingly, there shall be a direction to the District Collector to issue appointment order to the petitioner for the post of Assistant in the Rural Development and Panchayat Raj Department, preferably within a period of one week from the date of receipt of a copy of this order. While passing such orders, the petitioner's seniority shall be fixed as per the merit list prepared by TNPSC.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.11.2023 Index : Yes/No Internet : Yes/No KST To 1.The Secretary Tamilnadu Public Service Commission TNPSC Road, V.O.C.Nagar, Park Town Chennai 600 003.

2.The Collector Ramanathapuram District.

M.S.RAMESH, J.

KST 07.11.2023