K.Sivakumar, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.8083 of 2017 & W.M.P.(MD).No.6213 of 2017 K.Sivakumar ... Petitioner Vs.

1.The Principal Secretary to the Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariate, Chennai-600 005.

2.The Commissioner, Most Backward Classes and Minorities Communities (FAI), Cheapuak, Chennai-600 005.

3.The District Backward Classes and Minorities Welfare Officer, Nagapattinam District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Declaration declaring the Clause (ii) of Rule 5(a) of the Tamilnadu Backward Classes Welfare Subordinate Service 2014 as invalid, discriminatory and violative of Article 16 of the Indian Constitution and consequently direct the 1st and 2nd respondents to promote the petitioner as jeep Driver on par with his junior with all service benefits.

For Petitioner : Mr.D.Sasikumar For Respondents : Mr.V.Muruganantham Additional Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM,J] Heard Mr.D.Sasikumar, learned counsel for the petitioner and Mr.V.Muruganantham, learned Additional Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the writ petition itself has been taken up for final https://hcservices.ecourts.gov.in/hcservices/

disposal.

2. The petitioner seeking for a Declaration declaring the Clause (ii) of Rule 5(a) of the Tamilnadu Backward Classes Welfare Subordinate Service 2014 as invalid, discriminatory and violative of Article 16 of the Indian Constitution and consequently direct the 1st and 2nd respondents to promote him as jeep Driver on par with his junior with all service benefits.

3. The learned counsel appearing for the petitioner would contend that the issue involved in this writ petition is squarely covered by the order in W.P.(MD).No.3209 of 2015, dated 23.03.2017.

4. The learned Additional Government Pleader does not dispute the said position. Accordingly, this writ petition is disposed of on the similar lines and the respondents are directed to consider the case of the petitioner in terms of the directions issued in W.P.(MD).No.3209 of 2015, dated 23.03.2017, within a period of four weeks from the date of receipt of a copy of this order and if the petitioner fulfils the requisite qualifications and the other conditions prescribed for being eligible to be considered for selection to the post of Jeep Driver, the respondents shall consider and issue appropriate orders, within a period of eight weeks thereafter. The petitioner is also directed to submit a copy of the order in W.P.(MD).No.3209 of 2015, dated 23.03.2017 to the respondents to proceed further. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to the Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariate, Chennai-600 005. 2.The Commissioner, Most Backward Classes and Minorities Communities (FAI), Cheapuak, Chennai-600 005.

3.The District Backward Classes and Minorities Welfare Officer, Nagapattinam District.

+1 CC to Mr.D.Sasikumar, Advocate, SR No. 54424 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 55472 JIKR PSM/SV/08.05.2017/2P/6C W.P.(MD) No.8083 of 2017 & W.M.P.(MD).No.6213 of 2017 27.04.2017 https://hcservices.ecourts.gov.in/hcservices/