Veerapandi.K v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7550 of 2023 K.Veerapandi ... Petitioner Vs.
1.The Director, Tamil Nadu Fire & Rescue Services, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.
2.Tamil Nadu Uniformed Services Recruitment Board, Represented by its Chairman, Old Commissioner Office Campus, Pantheon Road, Egmore, Chennai-600 008.
3.The Director General of Police, O/o. The Director General of Police, Chennai-4.
4.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District.
... Respondents 1/4
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.10824/Aa1/2019, dated 24.08.2022 on the file of the first respondent and quash the same as illegal and consequently, for a direction, directing the first respondent to appoint the petitioner to the post of Fireman within the time period stipulated by this Court. For Petitioner : Mr.T.Aswin Rajasimman for M/s.Lajapathi Roy & Associates For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.K.Balasubramani Special Government Pleader
ORDER
Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.
2. The second respondent board issued notification in the year 2020 calling for application from the eligible persons for the post of Fireman. The petitioner took part in the recruitment process. Since the petitioner was implicated in Crime No.115 of 2019 on the file of the Poovanthi Police Station, he was treated as a disqualified candidate. The case of the petitioner is that provision providing for such disqualification was introduced after the issuance of the recruitment notification. The issue on hand is no longer res integra. 2/4
Vide order dated 13.10.202, I had held that the amended Rule namely Special Rules for Tamil Nadu Fire Subordinate Service will have only prospective effect. Questioning the same, the department filed W.A.(MD)Nos.232 & 233 of 2023. Vide order dated 08.03.2023, the Hon'ble Division Bench held that even while holding that the amended rule will have only prospective effect, granted liberty to the appointing authority namely the Director of Fire and Rescue services to consider the suitability of the candidates in terms of Rule 5 B (1)
(2) and take appropriate decision.
3. Even while setting aside the order impugned in the writ petition, the first respondent is directed to revisit the issue in the manner laid down by the Hon'ble Division Bench in the aforesaid order. Such decision will be taken by the appointing authority within a period of twelve weeks from the date of receipt of a copy of this order.
4. This Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.
11.04.2023 Index : Yes / No Internet : Yes/ No rmi 3/4
G.R.SWAMINATHAN, J.
rmi To 1.The Director, Tamil Nadu Fire & Rescue Services, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.
2.Tamil Nadu Uniformed Services Recruitment Board, Represented by its Chairman, Old Commissioner Office Campus, Pantheon Road, Egmore, Chennai-600 008.
3.The Director General of Police, O/o. The Director General of Police, Chennai-4.
4.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District.
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