R.Rajaselvan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15098 of 2017 R.Rajaselvan .. Petitioner Vs.

The State of Tamil Nadu, represented by its Principal Secretary, Public Department (Law Officers), Fort St.George, Government of Tamil Nadu, Secretariat, Chennai-600 009.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to immediately fill up the existing vacancies of Government Advocates civil and criminal side in the Madurai Bench of Madras High Court within the stipulated time as fixed by this Court. For Petitioner : Mr.R.Alagumani For Respondent : Mr.Vijay Narayan Advocate General assisted by Mr.M.K.Subramanian Government Pleader and Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition in pro bono publico to direct the State to appoint the Law Officers both in civil and criminal side at the Madurai Bench of Madras High Court. https://hcservices.ecourts.gov.in/hcservices/

2. It is the grievance of the petitioner that on account of the non-appointment of Law Officers, the High Court is not in a

position to dispose of the cases and more particularly, the criminal cases. The petitioner, therefore, filed this Writ Petition for appointment of Law Officers.

3. We have heard the learned Counsel for the petitioner.

4. Thiru.Vijay Narayan, learned Advocate General, on instructions, submitted that the Government have constituted a committee comprising the Principal Secretary to Government, Public Department; the Principal Secretary to Government, Home Department; and the Principal Secretary to Government, Law Department for appointing Law Officers. The Committee is headed by the Advocate General, as its Chairman.

5. According to the learned Advocate General, the Committee would short list the candidates and thereafter, the names would be sent for verification of their antecedents and thereafter, it would be sent to the Bar Council for verification as to whether any proceedings are pending against them. The Bar Council would also conduct the verification of the names of the Advocates, taking into account the amendments made to the Regulations and thereafter, the appointment would be made by the Government. According to the learned Advocate General, it would take a minimum period of four weeks to complete the process.

6. Since the Government has already taken action for appointment of Law Officers, there is no need for an adjudication of the issue raised by the petitioner. We hope and trust that the Government would keep up the time schedule and the appointment would be made as expeditiously as possible and in any case, within a period of six weeks from today.

7. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To The Principal Secretary, The State of Tamil Nadu, Public Department (Law Officers), Fort St.George, Government of Tamil Nadu, Secretariat, Chennai-600 009.

+One cc to Mr.R.Alagumani, Advocate, SR.No.78191 ssl/km RL/3C/2P/GT/SAR1/3/10/2017 W.P.(MD)No.15098 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 12.09.2017