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Madras High CourtWP(MD)/13703/2020allowed

K.Murugeshwari v. The Chairman,

2021-04-01Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.13703 of 2020 K.Murugeshwari

...Petitioner

Vs.

1.The Chairman, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Chennai.

2. The Secretary, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Chennai.

3. The Controller of examinations, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Chennai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pass the petitioner's appointment order by permitting the petitioner to join her service as Junior assistant in the office of Revenue and Disaster Management Department, Madurai District based on her provisionally selected allotment order passed by the 2nd respondent dated 13.03.2020 within the time frame fixed by this Court. For Petitioner : Mr.B.Vinothkumar For Respondents : Mr.D.Sivaraman

O R D E R

The petitioner herein who had participated in the selection process conducted by the Tamil Nadu Public Service Commission for the post of Junior Assistant and other posts, was provisionally selected on 13.03.2021. Her appointment has been with held, for the reason that the second respondent claimed that the writ petition filed in W.P.No.350 of 2020 is pending. Apart from this reason, it is not in dispute that the petitioner is entitled for an allotment order, since, she was already selected provisionally by the Commission.

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2. The reason assigned by the second respondent seems to be a mistake since the final orders passed by this Court in W.P.MD.No.350 of 2020 dated 26.02.2020 has been produced before this Court. Apparently, the writ petition has been disposed of and there was no observation or findings in this writ petition which could be an impediment for issuance of an appointment order.

3. Accordingly, there shall be a direction to the second respondent to issue the allotment order in favour of the petitioner herein forth with, in any event, within a period of one week from the date of receipt of a copy of this order.

4. Accordingly, this writ petition stands allowed. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Chairman, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Chennai.

2. The Secretary, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Chennai.

3. The Controller of examinations, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Chennai.

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+1 CC to M/s.B.VINOTH KUMAR, Advocate ( SR-15233[F] dated 01/04/2021 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-15312[F] dated 01/04/2021 ) 01.04.2021 CN(03.05.2021) 3P C6 3/3