S.Chandra v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.17694 of 2014 S.Chandra : Petitioner Vs.

1.The Secretary to Government, Home Department, Secretariat, Chennai 600 009.

2.The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Chennai 600 003.

3.The Principal District Judge, Ramanathapuram, Ramanathapuram District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent, i.e., the Secretary to Government, Home Department, Chennai, to take further action to obtain the concurrence of the TNPSC, Chennai, as sought for by the Principal District Judge, Ramanathapuram, as per his letter D.No.1277, dated 14.02.2013 and pass appropriate orders.

For Petitioner : Mr.S.Visvalingam For RespondentNo.1 : Mr.N.S.Karthikeyan Additional Government Pleader For Respondent No.2 : Mr.D.Saravanan For Respondent No.3 : Mr.N.Tamilmani

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] This Writ Petition has been filed seeking a Writ of Mandamus directing the first respondent, i.e., the Secretary to Government, Home Department, Chennai, to take further action to obtain the concurrence of the Tamil Nadu Public Service Commission, Chennai, as sought for by the Principal District Judge, Ramanathapuram, vide his letter in D.No.1277, dated 14.02.2013.

2. The case of the petitioner is that she was recruited through the District Employment Exchange, Ramanathapuram and

posted as Steno-Typist, in the District Munsif Court, Paramakudi. She joined duty on 08.03.1993. Subsequently, she was ousted from service, vide proceedings dated 12.03.1997. Thereafter, she was re-appointed as Copyist, by the proceedings of the Principal District Judge, Ramanathapuram, dated 12.03.1997 and accordingly, she joined duty on 17.03.1997 in the District Munsif Court, Paramakudi. Thereafter, on 25.09.2001, she was promoted as StenoTypist, by the proceedings of the Principal District Judge, Ramanathapuram and joined duty on 03.10.2001 in the Court of the District Musnif cum Judicial Magistrate, Rameshwaram. She was also granted selection grade in the cadre of Steno-Typist with effect from 03.10.2011, vide proceedings dated 28.06.2012.

Thereafter, the Principal District Judge, Ramanthapuram, addressed a letter to the Secretary, Tamil Nadu Public Service Commission, Chennai, seeking concurrence for promoting her as Steno-Typist from the post of Copyist. The Secretary, Tamil Nadu Public Service Commission, Chennai, in turn, requested the Principal District Judge, Ramanathapuram, to address the Government in this regard, since such a proposal has to be approved only through the Government. Accordingly, the Principal District Judge, Ramanathapuram, submitted a proposal to the Government for obtaining concurrence of the Tamil Nadu Public Service Commission, Chennai. Since no action has been taken, the petitioner has come up with the present Writ Petition for the relief stated supra.

3. Today, when the Writ Petition is taken up for consideration, it is submitted by the learned counsel for the petitioner that it would be suffice, if a direction is issued to the Secretary to Government, Home Department, Chennai, to take further action to obtain the concurrence of the Tamil Nadu Public Service Commission, Chennai, as sought for by the Principal District Judge, Ramanathapuram, vide his letter D.No.1277, dated 14.02.2013.

4. In view of the above, the Writ Petition stands disposed of with a direction to the first respondent herein to consider and pass appropriate orders on the proposal submitted by the third respondent herein, the Principal District Judge, Ramanathapuram, vide his letter D.No.1277, dated 14.02.2013, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

To 1.The Secretary to Government, Home Department, Secretariat, Chennai 600 009.

2.The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Chennai 600 003.

3.The Principal District Judge, Ramanathapuram, Ramanathapuram District.

+1cc to Mr.S.Visvalingam,Advocate Sr.No.578 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.829 +1cc to Mr.D.Sivaraman,Advocate Sr.No.528 ORDER MADE IN W.P.[MD].No.17694 of 2014 04.01.2017 nb um/rr-me/24.01.2017/3p/7c