Ramesh Kumar v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 14240 of 2019 Rameshkumar :Petitioner Vs.
The Secretary, Tamil Nadu Public Service Commission, Annar No.3, Frazer Bridge Road, V.O.C. Nagar, Near Broadway Bus Stand, Chennai - 600 003.
: Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus to direct the respondent to select and appoint the petitioner who is waiting list from 2013 - 2014 in the post of Junior Assistant prior to the issues of new notification for fresh appointments as per mandatory Rule 15A of Tamil Nadu Public Service Commission. For Petitioner : Mr.S. Muthupandi For Respondent : Mr.K.K. Senthil, Standing Counsel.
***
ORDER
This Writ Petition has been filed to direct the respondent to select and appoint the petitioner who is waiting list from 2013 - 2014 in the post of Junior Assistant prior to the issues of new notification for fresh appointments as per mandatory Rule 15A of Tamil Nadu Public Service Commission.
2. The grievance of the petitioner is that he has applied for the post of Junior Assistant, Group IV, through online, as per notification No.9/2013 for direct recruitment against the vacancies for the year 2013-2014 in various departments of Tamilnadu Government.
3. The further grievance of the petitioner is that the respondent published a list of register numbers of the candidates who have been selected provisionally for I phase of certificate verification (non interview) in which the petitioner's register number was found in the list, but he has not been appointed in any post. Thereafter, his register number (180106185) was also found in the list of candidates published by the respondent who were provisionally admitted for appointment for the above requirement. Based on the same, the petitioner was called for by memorandum No.4404/PSD-B/2013, dated 10.03.2014 for I phase certificate verification and counselling the petitioner is only an +2 (Higher Secondary), the said post was offered to him and the petitioner was https://hcservices.ecourts.gov.in/hcservices/
orally informed that he will be again called for to fill up the remaining vacancy. But, he was not yet called for by the respondent. Hence, the petitioner is filed the instant Writ petition.
4. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the respondent, to consider the representation of the petitioner, dated 22.06.2019.
5. In support of his contention, the learned counsel appearing for the petitioner has cited on the Judgment of this Court passed in W.P.(MD) No. 15009 of 2016 and 25168 of 2018 (Anbarasan Vs. The Secretary of Government) W.P.(MD) No.10797 of 2017.
6. The learned Standing counsel appearing for the respondent has submitted that the representation of the petitioner will be considered on merits, within a specified time that may be fixed by this Court.
7. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondent to consider the representation of the petitioner, dated 22.06.2019 on merits and in accordance with law, and pass necessary orders, within a period of Two (2) months, from the date of receipt of a copy of this order.
8. With the above direction, this Writ Petition is disposed of. No Costs.
Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS ) To The Secretary, Tamil Nadu Public Service Commission, Annar No.3, Frazer Bridge Road, V.O.C. Nagar, Near Broadway Bus Stand, Chennai - 600 003.
+1 CC to Mr.S.MUTHUPANDI, Advocate SR-71485. +1 CC to Mr.K.K.SENTHIL, Advocate SR-71853.
WP(MD).No.14240 of 2019 CS/ /SAR/18.07.2019/ 2P/ 4C https://hcservices.ecourts.gov.in/hcservices/