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Madras High CourtWP(MD)/3416/2023disposed of

Deenakumar. S v. The Principal Home Secretary

2023-02-21Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Deenakumar ... Petitioner Vs.

1. The Principal Home Secretary, Government of Secretariat, Tamil Nadu Government, Fort St.George, Chennai - 600 011.

2. The Additional Director General of Police, Tamil Nadu Uniformed Services, Recruitment Board (TNUSRB), Old Commissioner of Police Office Road, Pantheon Road, Egmore, Chennai - 600 008.

3. The Director, Fire Service Rescue Department, D.No.17, Rukmani Lakshmipathi Road, Egmore, Chennai - 600 018.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the third respondent to issue appointment order to the petitioner as per the Final Provisional Selection List AR&TSP General, dated 25.11.2021 by the second respondent, by considering the representation of the petitioner dated 09.01.2023 given to the third respondent.

For Petitioner :

Mr.P.Paranthaman For Respondents :

Mr.Veerakathiravan Additional Advocate General Assisted by Mr.S.P.Maharajan Special Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the third respondent to issue appointment order to the petitioner as per the Final Provisional Selection List AR&TSP General, dated 25.11.2021 by the second respondent, by considering the representation of the petitioner dated 09.01.2023 given to the third respondent.

2. The case of the petitioner is that the second respondent has issued notification for selection to the post of Grade-II PC (AR&TSP) Jail Warden and Fireman 2020 vide Notification No.1 of 2020, dated 17.09.2020

and Notification No.2 of 2020, dated 01.10.2020 respectively. Accordingly, the petitioner has applied for the above notified post and participated in all the selection process. The petitioner has passed written test and other tests conducted by the second respondent. As per the selection list dated 25.11.2021, his name is in the Serial No.820. The petitioner went to the office of the second respondent and gave an undertaking that no criminal case is pending against him. As per the provisional selected list dated 25.11.2021, several candidates are issued appointment and positing order, but the petitioner has not received any such order so far from the second respondent. Hence, the petitioner has submitted a representation on 09.01.2023 to the third respondent to issue appointment and posting order to him. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to consider the representation of the petitioner, dated 09.01.2023, on merits and in accordance with law, within a specified period.

4. The learned Additional Advocate General appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 09.01.2023 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

21.02.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Principal Home Secretary, Government of Secretariat, Tamil Nadu Government, Fort St.George, Chennai - 600 011.

2. The Additional Director General of Police, Tamil Nadu Uniformed Services, Recruitment Board (TNUSRB), Old Commissioner of Police Office Road, Pantheon Road, Egmore, Chennai - 600 008.

3. The Director, Fire Service Rescue Department, D.No.17, Rukmani Lakshmipathi Road, Egmore, Chennai - 600 018.

M.DHANDAPANI,J.

vji 21.02.2023