Chandrasekarapandiyan.A v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.Chandrasekarapandiyan ... Petitioner -vs1. The State of Tamil Nadu, Rep., by its Secretary to Government, Home (Police-III) Department, Secretariat, Chennai - 600005.
2. The Director General of Police ( L & O), Dr. Radhakrishnan Salai, Mylapore, Chennai - 600004.
3. The Director General of Police, TNUSRB, Egmore, Chennai - 600022.
4. The Inspector General/Member Secretary, TNUSRB, Egmore, Chennai - 600008.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to appoint the petitioner as Sub Inspector of police under direct recruitment for the year recruitment year 1994-1995 with all consequential benefits and seniority including payments of back wages on the basis of the representation dated 28.02.2020. For Petitioner :
Mr.G.Thiruvarutselvam For Respondents :
Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.K.Manikkam Special Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the respondents to appoint the petitioner as Sub Inspector of Police under direct recruitment for the year 1994-95 with all consequential benefits and seniority including payments of backwages on the basis of the representation dated 28.02.2020.
2. This Court is painful to deal with such frivolous litigations filed after a lapse of 26 years. Though several 1/3
questions are raised, which could not be countenanced, this Court is of the opinion that the case on hand is a fit case for imposing exemplary costs. Considering the fact that such writ petitions are frequently filed, which are numbered and admitted by the High Court in a routine manner, this Court has no option, but to deal with the cases. Thus, the writ petitions are to be rejected at the threshold instead of keeping the matters pending for two years or more. In view of such unfortunate situation, this Court has to deal with the issues on merits.
3. The petitioner is now working as Special Sub Inspector of Police. He states that he applied for the post of Sub Inspector of Police for the recruitment year 1994-95 under Direct Recruitment and Department Quota allotted to in-service candidates. 1100 vacancies were notified during the relevant point of time and 20% of the post was allotted to in-service candidates and 80% was earmarked for direct recruitment.
4. The learned counsel for the petitioner states that the petitioner secured 51.75 marks in the selection process. He scored 64.50 marks under the in-service quota. Therefore, the petitioner is eligible and to be selected for appointment to the post of Sub Inspector of Police during the year 1994-95.
5. The learned Additional Advocate General rebutted the said contention by stating that the petitioner admittedly secured 51.75 marks under the direct recruitment quota and the cut off marks for direct recruitment candidates under B.C. category was 53.75 marks. In respect of in-service candidates, the petitioner secured 64.50 marks and the cut off mark was 65. Thus, on both the counts, the petitioner was found not qualified, as he was not falling within the zone of consideration. Beyond all these aspects, this Court is of the considered opinion that the petitioner has filed this writ petition after a lapse of about 26 years. Thus, the writ petition is hit by latches. Even on merits, the petitioner was not falling within the zone of consideration and therefore, he is not entitled for any relief.
6. Accordingly, this Writ Petition stands dismissed on merits and on the ground of latches. However, there shall be no order as to costs.
Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) abr 2/3
To
1. The Secretary to Government, The State of Tamil Nadu, Home (Police-III) Department, Secretariat, Chennai - 600005.
2. The Director General of Police ( L & O), Dr. Radhakrishnan Salai, Mylapore, Chennai - 600004.
3. The Director General of Police, TNUSRB, Egmore, Chennai - 600022.
4. The Inspector General/Member Secretary, TNUSRB, Egmore, Chennai - 600008.
+1 CC to M/s.SPL.GP. ( SR-20716[F] dated 22/04/2022 ) 21.04.2022 RD(17.05.2022) 3P 6C 3/3