Mrs.A.Janaki, W/O.A.Athimulam, v. Tamil Nadu Public Service
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.13190 of 2017 A.Janaki ... Petitioner Vs.
1.Tamil Nadu Public Service Commission, Represented by the Deputy Secretary, Commercial Tax Offices Building Annex, No.1, Greams Road, Chennai.
2.The Executive Member, District Vigilance Committee and District Adi Dravidar and Tribal Welfare Officer (i/c) Dindigul, Dindigul District.
3.The District Collector, Collectorate, Thiruvalluvar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent No.1 to submit the Genuineness Report on the community status of the petitioner to the Respondent No.3 enabling the Respondent No.3 to regularize the services of the petitioner within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.S.Angappan, Nos.2 and 3 Government Advocate For Respondent : Mr.D.Sivaraman No.1
ORDER
This writ petition has been filed seeking to direct the first respondent, to submit the Genuineness Report, on the community status of the petitioner to the third respondent, so as to regularise the services of the petitioner.
2.The case of the petitioner is that in the selection process to the posts included in the combined subordinate services, the petitioner's community certificate was referred to the District
Vigilance Committee with regard to its genuineness and the same is pending before the said Committee for quite a long time. Hence, seeking for appropriate direction to the respondents, the petitioner is before this Court.
3.Upon instructions, the first respondent has filed a counter affidavit, wherein at paragraph Nos.6 and 7, it has been stated as follows:
"6.In this regard, it is submitted that the District Vigilance Committee, Dindigul had already been addressed to cause necessary enquiry to ascertain the genuineness of the community of the candidate and to send a report along with the records of enquiry so as to decide the community claim of the candidate vide this officer letter No.7484/CSSEI/MCD/2010, dated 11.01.2011. However, no report is so far been received in this regard.
7.It is further submitted that based on the orders of the Full Bench of the Madras High Court made on 12.08.2011, in WA(MD)No.104 of 2010 in WP(MD) No.10944 of 2009 against order dated 17.02.2010 filed by Thiru R.Manikandan, the Commission had decided to release the withheld allotment as in the case of the similarly placed candidates for conditional allotment as it the case of the similarly placed candidates for conditional Temporary appointment."
4.In response to the above submission, the learned Counsel for the petitioner relying on the proceedings of the Executive Member, District Vigilance Committee, Dindigul, in K.Dis No.6673/2011/H1, dated 04.01.2017, addressed to the Tamil Nadu Public Service Commission, submitted that it is now for the first respondent to pass appropriate orders and the relevant portion of the same reads thus:
"The District Vigilance Committee under the Chairmanship of District Collector Dindigul, Tamil Nadu State also conducted an enquiry and perused the records submitted by A.Janagi and reported that the Adi Dravidar Classes Community Certificate HINDU-ADIDRAVIDAR issued by the Tahsildar, Dindigul East is "Genuine".
5.Considering the above submission made by the learned Counsel for the petitioner, the learned Standing Counsel appearing for the first respondent submitted that the first respondent would consider the case of the petitioner and pass appropriate orders, within a time fixed by this Court.
6.In view of the above submissions made by the learned Counsel on either side, this Court directs the first respondent to consider the case of the petitioner, on merits and in accordance with law and also in the light of the proceedings of the Executive Member,
District Vigilance Committee, Dindigul, in K.Dis No.6673/2011/H1, dated 04.01.2017 and pass appropriate orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 7.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) dsk To 1.The Deputy Secretary, Tamil Nadu Public Service Commission, Commercial Tax Offices Building Annex, No.1, Greams Road, Chennai.
2.The Executive Member, District Vigilance Committee and District Adi Dravidar and Tribal Welfare Officer (i/c) Dindigul, Dindigul District.
3.The District Collector, Collectorate, Thiruvalluvar District.
+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-55020[F] dated 19/03/2019 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate(SR-55253[F] dated 20/03/2019) +1 CC to M/s.SPL GP ( SR-55359[F] dated 20/03/2019 ) ORDER MADE IN WP(MD)No.13190 of 2017 19.03.2019 ES/15.05.2019/3P/7C