A.Gurubalamurugan v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.2722 to 2724 of 2018 A.Gurubalamurugan ... Petitioner vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Personnel and Administrative Reforms (S) Department, Fort St. George, Chennai.

2.The Chairman, Tamil Nadu Public Service Commission, Commercial Tax Annexe Building, No.1, Greams Road, Chennai 600 006.

3.The Secretary, Tamil Nadu Public Service Commission, Commercial Tax Annexe Building, No.1, Greams Road, Chennai - 600 006.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the amendment / introduction of Rule (7-A) of the Tamil 1/5

Nadu State and Subordinate Service Rules as per G.O.Ms.No.89, dated 12.08.2015 issued by the Tamil Nadu State Government and Clause 13, Note 3 of the revised instructions of applicants (with effect from 07.11.2016) issued by the Tamil Nadu Public Service Commission and quash the same.

For Petitioner : Mr.C.Jawahar Ravindran For Respondent No.1 : Mr.N.Satheesh Kumar Additional Government Pleader For Respondent Nos.2 & 3 : Mr.V.Panneerselvam

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the amendment / introduction of Rule (7-A) of the Tamil Nadu State and Subordinate Service Rules as per G.O.Ms.No.89, dated 12.08.2015 issued by the Tamil Nadu State Government and Clause 13, Note 3 of the revised instructions of applicants (with effect from 07.11.2016) issued by the Tamil Nadu Public Service Commission and quash the same. 2.The learned counsel appearing for the petitioner reported 'no instructions'.

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3.However, the learned Additional Government Pleader appearing for the first respondent would submit that with regard to the prayer sought for by the petitioner for amending the Rule (7-A) of the Tamil Nadu State and Subordinate Service Rules, the Government has now subsequently enacted a new Act namely, the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016) and therefore, nothing survives for further adjudication in the present Writ Petition.

4.Considering the submission made by the learned Additional Government Pleader, since a new Act has come into force, the prayer sought for by the petitioner has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

[D.K.K.,J.] [R.V.,J.] 12.03.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The Secretary, Personnel and Administrative Reforms (S) Department, Fort St. George, Chennai.

2.The Chairman, Tamil Nadu Public Service Commission, Commercial Tax Annexe Building, No.1, Greams Road, Chennai 600 006.

3.The Secretary, Tamil Nadu Public Service Commission, Commercial Tax Annexe Building, No.1, Greams Road, Chennai - 600 006.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 12.03.2024 5/5