S.Karmegam v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Karmegam ... Petitioner vs.

1.The Secretary to Government, Home Department, Tamil Nadu, Secretariat, Chennai.

2.The Chairman / The Director General of Police, The Tamil Nadu Uniformed Services Recruitment Board, Chennai.

3.The Director, Directorate of Fire Services Rescue Department, No.17, Rukmani Lakshmipathi Salai, Egmore, Chennai - 600 008. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to draw the petitioner's seniority based on merits by considering the highest mark of 81 obtained by him at the time of selection by considering the petitioner's representation dated 22.11.2023 within the time stipulated by this Court.

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For Petitioner :

Mr.R.Ganesan For Respondents :

Mr.M.Ramesh, Government Advocate

O R D E R

Heard Mr.R.Ganesan, learned counsel for the petitioner and Mr.M.Ramesh, learned Government Advocate for the respondents.

2. This writ petition is filed challenging the order of seniority list fixed by the second respondent.

3. The petitioner is a fireman and has secured 81 marks in the examination. According to the suspicion of the petitioner, the seniority list has been fixed on the basis of the roaster, instead of merits. It is needless to state that the position on this aspect is settled long back that the roaster has to followed only for recruitment and for the purpose of seniority, merit alone should be considered.

4. Since the petitioner has stated that the seniority list has been prepared not on the basis of merit, but on the basis of roaster points given 2/5

against each and every category, the attention was drawn to provisional select list for Medical Examination and Police Verification. But nowhere in the list it has been stated that it is a seniority list. As it could be seen, only a selection list. Be that as it may, the petitioner has given a representation to refix the seniority on the basis of merits and not in accordance with the annual roaster. The said representation has not been considered so far. Hence, the respondents are directed to consider the representation of the petitioner on its own merits and pass orders within a period of six weeks from the date of receipt of a copy of this order.

5. In the result, the writ petition is allowed. No costs. 01.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 3/5

To 1.The Secretary to Government, Home Department, Tamil Nadu, Secretariat, Chennai.

2.The Chairman / The Director General of Police, The Tamil Nadu Uniformed Services Recruitment Board, Chennai.

3.The Director, Directorate of Fire Services Rescue Department, No.17, Rukmani Lakshmipathi Salai, Egmore, Chennai - 600 008.

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R.N.MANJULA, J.

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