T. Muthuraj v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM T.Muthuraj ... Petitioner in W.P.No.20863 L.Suresh ... Petitioner in W.P.No.20964 Vs.
1.The Commissioner Tamilnadu Hindu Religious & Charitable Endowment Board Chennai.
2.The Joint commissioner Tamilnadu Hindu Religious & Charitable Endowment Board Tirunelveli.
3.The Executive Officer, Arulmigu Kasivisvanatha Swamy Thirukovil Tenkasi 4.Thakkar/Assistant commissioner Arulmigu Kasi Viswanatha Swamy Thirukovil Tenkasi 627 811 ... Respondents in both WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a writs of Certiorarified Mandamus to call for the records of the impugned notification for direct recruitment issued by the 3rd respondent herein in his proceedings in employment Notice No.1/2019 and consequential impugned order passed by the 3rd respondent herein Na.Ka.No.582/2019/A1 dated 09.09.2019 and quash the same as illegal and further direct the 3rd respondent herein to implement the circular issued in 1st respondent in matter of filling the vacant post in Arulmigu Kasi Viswanatha Swamy Thirukovil, Tenkasi, Tirunelveli District.
For Petitioner : Mr.D.Nallathambi For Respondents : Mr.G.V.Vairam Santhosh for R1, R2 & R4 Additional Government Pleader Mr.Muthu Geethaiyan for R3 1/3
ORDER
The employment notification No.1/2019 and the rejection order dated 09.09.2019 are under challenge in the present writ petitions. 2.The petitioners are employed in Arulmigu Kasi Viswanathar Thirukoil, Tenkasi District. A recruitment notification was issued by the Executive Officer and the said notification is under challenge on the ground that the petitioners are eligible for promotion to the said posts.
3. The claim of the writ petitioners was rejected on the ground that they were not qualified.
4. The learned counsel for the Executive Officer brought to the notice of this Court that during the pendency of the writ petitions, new Rules came into force, ie., Tamil Nadu Hindu Religious Institution Employees Conditions of Service Rules, 2020. Therefore, the impugned recruitment notification was not acted upon, though the applications were received from the eligible candidates.
5. However, in view of the new Rules, the respondents have to issue a fresh notification inviting applications from eligible persons under the new service rules, as the earlier notification was not acted upon for about three years. The learned counsel for the Executive Officer also made a submission that in the event of issuing any recruitment notification and if the petitioners are qualified as per the terms and conditions of the notification and the Rules in force, they are at liberty to participate in the process of selection.
6. In view of the said submission, no further adjudication needs to be entertained and the petitioners are at liberty to participate in the process of selection, if any notification is issued pursuant to the new service Rules.
7. The writ petitions stand disposed of. No costs.
Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) RR 2/3
To 1.The Commissioner Tamilnadu Hindu Religious & Charitable Endowment Board Chennai.
2.The Joint commissioner Tamilnadu Hindu Religious & Charitable Endowment Board Tirunelveli.
3.The Executive Officer, Arulmigu Kasivisvanatha Swamy Thirukovil Tenkasi 4.Thakkar/Assistant commissioner Arulmigu Kasi Viswanatha Swamy Thirukovil Tenkasi 627 811 +1 CC to M/s.M. MUTHUGEETHAYAN, Advocate ( SR-16889[F] dated 06/04/2022 ) 06.04.2022 RK(20/04/2022) 3P 6C 3/3