Dr.M.Sumathi, v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD)Nos. 14135 to 14150 of 2019 and WMP(MD).Nos.10602 to 10617 of 2019 Dr.M.Sumathi, ... Petitioner in WP(MD). 14135/ 2019 Dr.M.Mahendran ... Petitioner in WP(MD). 14136/ 2019 Dr.K.Umaiyall, ... Petitioner in WP(MD). 14137/ 2019 Dr.J.Amirthalingam ... Petitioner in WP(MD). 14138/ 2019 Dr.S.Nithya, ... Petitioner in WP(MD). 14139/ 2019 Dr.S.Selvamariappan ... Petitioner in WP(MD). 14140/ 2019 Dr.Krishnamani, ... Petitioner in WP(MD). 14141/ 2019 Dr.P.Sivaprakasam ... Petitioner in WP(MD). 14142/ 2019 Dr.S.Senthil Kumar, ... Petitioner in WP(MD). 14143/ 2019 Dr.S.Dhanabal ... Petitioner in WP(MD). 14144/ 2019 Dr.M.Thinesh Kumar, ... Petitioner in WP(MD). 14145/ 2019 Dr.K.Shanmuganathan ... Petitioner in WP(MD). 14146/ 2019 Dr.E.P.Senthilkumar, ... Petitioner in WP(MD). 14147/ 2019 Dr.V.Anuraj Kumar ... Petitioner in WP(MD). 14148/ 2019 Dr.R.Ganeshamoorthy, ... Petitioner in WP(MD). 14149/ 2019 Dr.B.Ganesh Babu ... Petitioner in WP(MD). 14150/ 2019 - Vs. -
1. The Secretary to Government Animal Husbandry Dairying and Fisheries Dept., Secretariat, Chennai-9
2. The Director of Animal Husbandry & Veterinary Services, Central Office Buildings Block-II, Chennai-6
3. The Secretary, Tamilnadu Public Service Commission, VOC Nagar, Park Town, Chennai-3 ... Respondent in all WPs Common Prayer:
Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the 2nd respondent to regularize the petitioners service 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.
For Petitioner : Mr. Ajmalkhan,Senior Counsel for M/S. Ajmal Associates in all W.Ps.
For R1 and R2 : Mr.Aayiram K. Selvakumar Additional Government Pleader in all W.Ps.
For R3 : Mr. K.K. Senthil Standing Counsel in all W.Ps.
COMMON ORDER These Writ Petitions have been filed for issuing a direction to the 2nd respondent to regularize the petitioners service with effect from the date of their appointment, as was granted in respect of the similarly placed persons by the 2nd respondent, vide proceedings in Roc.No.49852 / M1/2015, dated 16.10.2018, within the time frame to be fixed by this Court. 2.
Mr. Aayiram K. Selvakumar, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr. K.K. Senthil, learned Standing counsel takes notice for 3rd respondent.
3. By consent of both parties, these Writ Petitions are taken up for final disposal at the admission stage itself.
4. According to the petitioners, the 3rd respondent had invited the application from the eligible candidates for appointment to the post of Veterinary Assistant Surgeon in the Tamil Nadu Animal Husbandry and Veterinary Service, by its Notification dated 25.02.2019. The petitioners were appeared in the said examination and they were secured the qualifying marks. But, they were not appointed as they did not come within the zone of consideration. Hence, the petitioners have sent a joint representation dated 23.03.2019, but, the same have not been considered so far. In such circumstances, the petitioners have filed the present Writ Petition.
5. The learned Senior Counsel appearing for the petitioners submitted that the petitioners were initially appointed as Veterinary Assistant Surgeon in the Month of May 2012 through Employment Exchange u/r. 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules and they have rendered more than six years of impeccable service. He would further submit that similarly placed persons had approached the authority and the 2nd respondent regularized their services by proceedings, dated 16.10.2018 in ROC.No.49852/M1/2015. The petitioners are also similar to that of the above said persons, whose services have been also regularized,
but, the same has not been considered so far.
6. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the representations of the petitioners will be considered on merits and appropriate orders be passed by the second respondent.
7. I have heard the learned counsel appearing on either side and perused the materials available on record.
8. Considering the limited scope of the prayer sought for by the petitioners, this Court, without going into the merits of the case, directs the 2nd respondent to consider the joint representation of the petitioners, dated 23.03.2019, in the light of the proceedings issued by the second respondent, dated 16.10.2018, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
9. These Writ Petitions are disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) 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 and Veterinary Services, Central Office Buildings Block - II, Chennai - 6. 3.The Secretary,Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.
16CC'S TO M/S. AJMAL ASSOCIATES, ADVOCATES SR: 71709, 71710, 71711, 71712, 71713, 71714, 71715, 71716, 71717, 71718, 71719, 71720, 71721, 71722, 71723 AND 71724 1CC TO MR. K.K. SENTHIL,ADVOCATE SR 71856 1CC TO THE SPL GOVT PLEADER SR 71462 TR - 16/07/2019 3P 22C WP(MD)Nos. 14135 to 14150 of 2019 and WMP(MD).Nos.10602 to 10617 of 2019 25.06.2019