Ramesh.A v. The Chief Secretary To The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2022

CORAM

THE HONOURABLE MR. JUSTICE PARESH UPADHYAY AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY A.Ramesh ..Petitioner Vs.

1.The Chief Secretary to the Government of Tamilnadu, Secretariat, Fort St. George, 2.The Principal Secretary to the Government/ Commissioner of Revenue Administration, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai-600 009.

3.The Principal Secretary to the Government, Human Resource Management Department, Secretariat, Fort St. George, 4.The Principal Secretary to the Government, Law Department, Secretariat, Fort St George, 5.The Chairman, The Tamilnadu Public Service Commission, Chennai-600 002.

.. Respondents Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 5 to identify the vacancies in the post of Personal Assistant to District Collector(Legal matters) in the cadre of Deputy Collector and to fill up the same by Law Degree Graduates through direct recruitment in view of the G.O.(MS)No.82, Revenue(Ser.1) Department dated 09.03.2012, within a time frame as 1/3

stipulated by this Court, on the basis of the petitioner's representation dated 16.12.2021.

For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.S.Shaji Bino, Spl.GP for R1 to R4 : Mr.J.Anand Kumar for R5

ORDER

(Made by PARESH UPADHYAY,J.) 1.

This petition is styled as public interest litigation. 2.

The petitioner claims that he is a practising lawyer and in spite of the policy of the State to fill-up the post of Personal Assistant to District Collector to look after legal affairs, applications are not invited. It is submitted that if such applications are invited, the petitioner is eligible and would be able to make it.

3.

Having heard the learned Advocate for the petitioner and having considered the material on record, we find that, even if the grievance of the petitioner is justified, he is an aggrieved party, who can seek a Writ of Mandamus from the Court (taking up service matters) if otherwise he is entitled to, but the same need not be entertained in the form of public interest litigation. 4.

This petition therefore, is dismissed, with liberty as stated above. No costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) dn/22 To:

1.The Chief Secretary to the Government of Tamilnadu, Secretariat, Fort St. George, 2/3

2.The Principal Secretary to the Government/ Commissioner of Revenue Administration, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai-600 009.

3.The Principal Secretary to the Government, Human Resource Management Department, Secretariat,Fort St. George, 4.The Principal Secretary to the Government, Law Department,Secretariat, Fort St George,Chennai-600 009 5.The Chairman, The Tamilnadu Public Service Commission, Chennai-600 002.

+1 CC to M/s.SPL GP ( SR-9182[F] dated 01/03/2022 ) +1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-9040[F] dated 28/02/2022 ) +1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-9386[F] dated 01/03/2022 ) 28.02.2022 srr(CO) TR(10.03.2022) 3P 9C 3/3