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Madras High CourtWP(MD)/7004/2020disposed of

N.Anbarasu v. The Secretary

2022-04-12Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.7004 of 2020 and WMP(MD) Nos.51 of 2021 and 6427 of 2020 N.Anbarasu ... Petitioner Vs.

1.The Secretary Tourism and Culture Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

2.The Secretary Higher Education Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

3.The Commissioner of Tourism Tamilnadu Tourism Complex, Wallajah Road Chennai 600 002.

4.M.Jayakumar 5.The Registrar Madurai Kamaraj University Palkalai Nagar Madurai 6.S.Bhakthavatchalam 7.A.Raman 8.M.Rajan 9.S.Rajaram ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondent Nos.1 and 3 to initiate enquiry proceedings and take appropriate action against respondents 7 to 9 and to revert them from the post of Tourist Officer, as they do not have the basic qualification of approved degree and that in case of respondent No.7 pending disciplinary action has been dropped without adhering to the procedure and to promote the petitioner to the arising vacancy. 1/3

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.N.Satheeshkumar for R1toR3 Additional Government Pleader Mr.K.Ragatheeshkumar for R5 Mr.G.Prabhu Rajadurai for R7 to R9 Unserved for R4 & R8

ORDER

The relief sought for in the present writ petition is to direct the respondents 1 and 3 to initiate enquiry proceedings and take appropriate action against respondents 7 to 9 and to revert them from the post of Tourist Officer, as they do not have the basic qualification of approved degree and that in case of respondent No.7 pending disciplinary action has been dropped without adhering to the procedure and to promote the petitioner to the arising vacancy. 2.The grievance of the writ petitioner is that the respondents 7 to 9, who are all working as Tourist Officers, are not qualified for the said posts. In other words, the said respondents are not possessing the requisite qualifications as per the rules. 3.

However, the learned Additional Government Pleader with reference to the counter affidavit filed by the official respondents made a submission that during the pendency of the writ petition, actions were initiated by the competent authorities and the educational certificates of the respondents 7 to 9 were verified by the officials and after verification, further actions are also initiated. The counter also reveals that the certificates of the respondents 7 to 9 were verified.

4. If at all any grievance arises, it is left open to the respective parties to initiate appropriate action in the manner known to law. With reference to the relief sought for in the writ petition, no further adjudication is required as the official respondents have already conducted enquiry and actions were initiated.

5. With the observations, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

RR To 1.The Secretary Tourism and Culture Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

2.The Secretary Higher Education Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

3.The Commissioner of Tourism Tamilnadu Tourism Complex, Wallajah Road Chennai 600 002.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-18882[F] dated 18/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18849[F] dated 13/04/2022 ) 12.04.2022 TP(CO) KB(26.04.2022) 3P 6C 3/3