R.Mourougavel v. The Chief Secretary To Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.01.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.19197 of 2017

1. R.Mourougavel

2. K.Balachandar

3. G.Selvaraj

4. R.Deivasigamani ... Petitioners Vs.

1. The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry 605 001.

2. The Secretary, Department of Personnel and Administrative Reforms, Government of Puducherry, Chief Secretariat, Puducherry 605 001.

... Respondents Prayer:

This Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ, order or direction in the nature of a writ of Mandamus directing the 1st and 2nd respondents to consider the representation of the petitioners dated 23.06.2017 and appoint the petitioners to the post of the Upper Division clerk against the existing vacancies in the Ex-Servicemen quota, within the stipulated time period fixed by this court.

For Petitioners : Mr.V.Vasanthakumar For Respondents : Mrs.V.Usha, Addl.Gov.Pleader (Puducherry)

O R D E R

This writ petition has been filed for direction to the 1st and 2nd respondents to consider the representation of the petitioners dated 23.06.2017 and appoint the petitioners to the post of the Upper Division clerk against the existing vacancies in the Ex-Servicemen quota, within the stipulated time period fixed by this court.

2. The case of the writ petitioners in nutshell is as follows.

The petitioners are Ex-servicemen and they have served the Indian Army. As per the notification dated 11.08.2014 issued by the 2nd respondent, competitive examination for direct recruitment to the post of Upper Division Clerk was held on 25.10.2015 and 50 persons were provisionally selected for the Ex-Servicemen Quota, from whom 22 persons had not joined and their selection has been kept pending. Hence, the petitioners gave representation on 23.06.2017 to the respondents for considering them for appointment for the post of Upper Division Clerk in the existing vacancy reserved for Ex-Servicemen. On 13.07.2017, the 2nd respondent issued a Memorandum for Certificate Verification for filling up 7 posts for the above said post from the waiting list in various categories, but the petitioners have not been considered for filling up of the above said post, which are lying vacant in the Ex-Servicemen Category. Hence, they filed the present writ petition.

3. The learned Additional Government Pleader (Puducherry) appearing for the respondents stated that the representation dated 23.06.2017 given by the petitioners is still pending and the same shall be considered in accordance with law.

4. By recording the above said submission and upon perusing the materials on record, this court directed the 2nd respondent to consider the representation made by the petitioners dated 23.06.2017 on merits in accordance with law, within a period of 8 weeks from the date of receipt of the copy of this order. It is made clear that if already any order has been passed with regard to the above representation, the same shall be communicated to the petitioners.

5. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar mst

To

1. The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry 605 001.

2. The Secretary, Department of Personnel and Administrative Reforms, Government of Puducherry, Chief Secretariat, Puducherry 605 001.

+1cc to Mr.V.Vasanthakumar, Advocate, SR.No.4493. +1cc to Government Pleader, SR.No.4472.

W.P.No.19197 of 2017 BS(CO) CSR: 20.02.2020