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Madras High CourtWP(MD)/12710/2015disposed of

S.R. Arul Raja Selvan, v. Government Of India,

2015-07-23Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.12710 of 2015 S.R.Arul Raja Selvan ...

Petitioner Vs.

1.Government of India, Rep by its Secretary to Government of India, Ministry of Defence, South Block, New Delhi 110 011.

2.Directorate of National Cadet Cops, Rep by its Director General NCC Directorate, R.K.Puram,New Delhi.

3.State of Tamil Nadu, Rep by its Secretary, Department of Youth Welfare and Sports Development, Fort St.George, Chennai 600 009.

4.NCC Directorate of Tamil Nadu, Puducherry & Andaman Nicobar, Rep by its Deputy Director General, NCC Directorate of TN, P & AN, Fort St.George, Chennai 600 009.

5.The office of NCC Group Head Quarters, Rep by its Group Commonder, NCC Group HQ at Madurai, 86, PT, Rajan Road, Madurai 625 002.

6.The 11 Tamil Nadu Battalion NCC, Rep by its Commonding Officer, 49/4, Vellalar Street, Nagercoil 629 001.

7.Nesamony Memorial Christian College,Marthandam, Rep by its Correspondent and Secretary, Marthandam, Kanyakumari District 629 165.

8.The Principal, Nesamony Memorial Christian College, Marthandam, Kanyakumari District 629 165.

...

Respondents

PRAYER:

Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 4 to 6 to approve the appointment of the petitioner as Care Taker and as Associate NCC Officer of 3/11 NCC (Army) company through direct commission on the basis of the proposal sent by the 8th respondent vide his letter No.CCM/2014 368, dated 31.05.2014. For Petitioner : Mr.B.Brijesh Kishore For Respondents : Mr.R.Anandharaj, G.A.

3 to 6

ORDER

The petitioner seeks for issuance of a Writ of Mandamus, directing the respondents 4 to 6 to approve the appointment of the petitioner as Care Taker and as Associate NCC Officer of 3/11 NCC (Army) company through direct commission on the basis of the proposal sent by the 8th respondent vide letter No.CCM/2014 368, dated 31.05.2014.

2. Mr.R.Anandraj, learned Government Advocate takes notice for the respondents 3 to 6. By consent, the writ petition itself is taken up for final disposal.

3.The learned counsel for the petitioner submitted that proposal has been sent by the 8th respondent for approval of appointment of the petitioner for the above said post. He would further submit that it would suffice, the respondents 4 to 6 may be directed to pass appropriate orders on the proposal sent by the 8th respondent, within a time frame to be fixed by this Court. 4.In view of the limited scope of the prayer, the respondents 4 to 6 are directed to pass appropriate orders, on merits and in accordance with law, on the proposal sent by the 8th respondent to approve the appointment of the petitioner as Care Taker and as Associate NCC Officer of 3/11 NCC (Army), within a period of two months from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar

To

1. THE SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110 011.

2. THE DIRECTOR GENERAL, DIRECTORATE OF NATIONAL CADET CORPS, NCC DIRECTORATE, R.K.PURAM, NEW DELHI.

3. THE SECRETARY TO GOVERNMENT, DEPT. OF YOUTH WELFARE AND SPORTS DEVELOPMENT, FORT ST.GEORGE, CHENNAI-9.

4. THE DEPUTY DIRECTOR GENERAL, NCC DIRECTORATE OF TAMILNADU PUDUCHERRY & ANDAMAN NICOBAR, NCC DIRECTORATE OF TN, P&AN, FSG, CHENNAI-9

5. THE GROUP COMMANDER, THE OFFICE OF NCC GROUP HEAD QUARTERS, MADURAI, NCC GROUP HQ AT MADURAI, 86 PT RAJAN ROAD, MADURAI-625002.

6. THE COMMONDING OFFICER, THE II TAMILNADU BATTALION NCC, 49/1, VELLALAR STREET, NAGERCOIL-629 001.

+ 1 CC TO MR.B.BRIJESH KISHORE, ADVOCATE SR NO.41322 + 1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.41118 NBJ TE: 6/08/2015: 3P/9C W.P.(MD)No.12710 of 2015 23.07.2015