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Madras High CourtWP/31245/2019disposed of

K.Raja v. The Principal Secretary To Government

2023-06-15Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. K.Raja

2. M.Anantha Kalyanaraman

3. M.Raja

4. M.Jaikumar

5. V.Singaravel

6. U.Elango

7. S.Thiravidamani ..

Petitioners Vs.

1. The Principal Secretary to Government Personnel & Administrative Reforms Department Fort St. George Chennai 600 009.

2. The Principal Secretary to Government Highways and Minor Ports Department Fort St. George Chennai 600 009.

3. The Director General (Highways) Highways Department Guindy, HRS Campus Chennai 600 025.

4. The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road, Chennai 600 003.

5. A.Chandrasekaran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Declaration declaring that the provisions of T.N. Govt Servants (Conditions of Service) Act 14, 2016, especially Sec. 1(2), Sec. 40(1) and Sec. 70 of the said Act and the consequential seniority list prepared by the third respondent in Memo No.13748/Admin 2(2)/2014 dated 14.12.2016 as unconstitutional, illegal, non-est and void ab initio and consequently direct the respondents 1 to 4 to prepare the seniority list in pursuance of the directions issued by the Hon'ble Division Bench in W.A.No.2705/2012 etc dated 31.03.2015 and confirmed by the Hon'ble Supreme Court in SLP No.14794/2015 etc. dated 22.01.2016 based on the marks obtained by the petitioners in the process of selection conducted by TNPSC for appointment to the post of Assistant Engineer in Public Works & High Ways Department dated 10.07.1999 and further direct the respondents to revise the seniority of the petitioners in the cadre of Assistant Divisional Engineer and grant them all consequential service.

For the Petitioners : Mr.R.Venkataramani Senior Counsel For Mr.M.Muthappan For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3 No appearance - for Respondents 4 & 5

ORDER

(Made by the Hon'ble Chief Justice) Learned Senior Counsel for the petitioners, on instructions, submits that the relief claimed in the writ petition has become infructuous.

2. In the light of that, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.31382 of 2019 is closed.

(S.V.G., CJ.) (P.D.A., J.) 15.06.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Principal Secretary to Government Personnel & Administrative Reforms Department Fort St. George Chennai 600 009.

2. The Principal Secretary to Government Highways and Minor Ports Department Fort St. George Chennai 600 009.

3. The Director General (Highways) Highways Department Guindy, HRS Campus Chennai 600 025.

4. The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road, Chennai 600 003.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 15.06.2023