S.Nagalakshmi v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.34171, 34173, 34175, 34180, 34183,34188, 34195, 34200 of 2019 and WMP Nos.34794, 34802, 34806, 34810, 34813, 34819, 34826, 34827 of 2019 Dr.S.Nagalakshmi ... Petitioner in WP No.34171 of 2019 Dr.P.Dhandayuthabani ... Petitioner in WP No.34173 of 2019 Dr.R.Srilatha ... Petitioner in WP No.34175 of 2019 Dr.K.Lakshmi ... Petitioner in WP No.34180 of 2019 Dr.M.Saravanan ... Petitioner in WP No.34183 of 2019 Dr.D.Prakash ... Petitioner in WP No.34188 of 2019 Dr.S.Murali ... Petitioner in WP No.34195 of 2019 Dr.S.Senthil ... PEtitioner in WP No.34200 of 2019 Vs.

1. The Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Secretariat, Chennai - 9

2. The Director of Animal Husbandry and Veterinary Services, O/o. the Director of Animal Husbandry & Veterinary Services, Central Office Building, Block II, Chennai 6

3. The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, 1/6

Park Town, Chennai - 600 003.

..Respondents in all WPs Common Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to regularize the petitioner's services with effect from the date of appointment as was granted in respect of the similarly placed persons by the 2nd respondent vide his proceedings ROC No.49852 /M1/2015 dated 16.10.2018 within the period that may be stipulated by this Court.

For Petitioner : M/s.Ajmal Associates in all WPs Mr.B.Vishnu Chelliya For Respondents : Mr.P.S.Sivashanmuga Sundaram in all WPs Special Government Pleader for R1 and R2 Mr.M.Devendran Standing counsel for TNPSC C O M M O N O R D E R The present writ petitions have been filed seeking for the relief of regularization of service of the petitioners from the date of their appointment.

2.

The case of the petitioners is that the 3rd respondent invited applications from eligible candidates for appointment to the post of Veterinary Assistant Surgeon at Tamil Nadu Animal Husbandry 2/6

and Veterinary Service. The petitioners had participated in the selection. However, they were not appointed, since they did not come within the zone of consideration. However, the petitioners were appointed under Rule 10(a) (i) of the Tamil Nadu State and Subordinate Service Rules during the year 2012. It is the further case of the petitioner is that they have put in six years of service and the 2nd respondent by his proceedings dated 16.10.2018 has regularized the services of certain candidates, who are similarly placed like the petitioners. Therefore, the petitioners made individual representations to the respondent to regularize their service also, in line with the regularization done for similarly placed persons. Since the representation was not considered, the petitioners approached this Court seeking for appropriate directions. 3.

Heard the learned counsel appearing for the petitioners and the learned respective counsel appearing on behalf of the respondents.

4.

Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this 3/6

writ petition, there shall be a direction to the petitioners to make a fresh representation to the 2nd respondent, within a period of two weeks from the date of copy of this order. On such representation being received, the 2nd respondent shall consider the same strictly in accordance with law and pass appropriate orders within a period of eight weeks thereafter.

5.

All these writ petitions are disposed of with the above directions. No costs. Consequently all connected miscellaneous petitions are closed.

12.12.2019 Internet: Yes/No Index: Yes/No rka 4/6

To

1. The Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Secretariat, Chennai - 9

2. The Director of Animal Husbandry and Veterinary Services, O/o. the Director of Animal Husbandry & Veterinary Services, Central Office Building, Block II, Chennai 6

3. The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

5/6

N.ANAND VENKATESH,J., rka W.P.Nos.34171, 34173, 34175, 34180, 34183,34188, 34195, 34200 of 2019 and WMP Nos.34794, 34802, 34806, 34810, 34813, 34819, 34826, 34827 of 2019 12.12.2019 6/6