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Madras High CourtWA(MD)/129/2017withdrawn dismissed

R.M.Abdul Bari, v. Sathiyakeerthi

2021-07-30Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD)No.1273 of 2017 1.R.M.Abdul Bari Assistant Divisional Fire Officer, Fire and Rescue Services, Athipattu, Chennai Sub-Urban Division, Chennai :Ist Appellant/Third Respondent 2.T.Venkataraman, Assistant Divisional Officer, Fire and Rescue Services Department, Date Base Holder, Office of the Joint Director of Fire and Rescue Services Department, Northern Region, Chennai-6.

3.Chandrakumar, Assistant Divisional Officer, Fire and Rescue Services Department, Dindigul.

4.Mukundan, Assistant Divisional Officer, Fire and Rescue Services Department, Dindigul.

5.Manikandan, Assistant Divisional Officer, Fire and Rescue Services Department, Virudhunagar.

6.Hukim Basha Assistant Divisional Officer, Fire and Rescue Services Department, Ramanathapuram.

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7.S.Saravanan, Assistant Divisional Officer, Fire and Rescue Services Department, Cuddalore.

8.Murugesan Assistant Divisional Officer, Fire and Rescue Services Department, Salem.

9.Logidass Assistant Divisional Officer, Fire and Rescue Services Department, Tuticorin.

...Appellants 2 to 9/Respondents 7 to 14.

.vs.

1.Sathiyakeerthi ...First Respondent/Petitioner 2.The Director of Fire Services, Directorate of Fire Services and Rescue Department, Egmore, Chennai-8.

3.The Secretary, Tamil Nadu Public Service Commission, Chennai.

...Respondents 2 and 3/Respondents

1 and 2 4.K.Kumar Assistant Divisional Officer, Fire and Rescue Services Department, North Chennai District, Chennai.

5.S.Kalyanakumar Assistant District Officer Fire and Rescue Services Department, Kanyakumari District.

6.P.Krishnamoorthy, Assistant District Officer, Fire and Rescue Services Department, Dindigul District.

...Respondents 4 to 6/Respondents 4

to 6 7.The Government of Tamil Nadu, represented by its Secretary, Personnel and Administrative Reforms Department, Secretariat, Chennai-9.

...7th Respondent/15th respondent.

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PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.16189 of 2012, dated 23.12.2016.

Prayer in WP(MD). 16819/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a a Writ of Certiorarified Mandamus calling for the records relating to the impugned selection list published in the second respondents bulletion No.5 dated 01.03.2001 and letter dated 20.08.1998 in D.No.44129/S/98 of the proposed respondent and impugned provisional seniority list in RC.No.22021/B1/2012 dated 04.12.2012 and final seniority list in RC.No.22021/B1/2012 dated 18.01.2013 of the first respondent, quash the same is illegal and consequently direct the respondents 1 to 3 herein to prepare a seniority list based on marks / ranks obtained by the petitioner.

For Appellants :Mr.Saravana Kumar for M/s.Veera Associates For Respondent-1 :Mr.J.Anandakumar For Respondent-3 :Mr.K.K.Senthil

JUDGMENT

[Judgment of the Court was made by K.KALYANASUNDARAM,J.] The learned counsel for the appellant has circulated a letter dated 29.7.2021to the Registry, seeking permission of this Court to withdraw this Writ Appeal. The said letter is placed on record. 2.In view of the same, the Writ Appeal is dismissed as withdrawn. No costs. Consequently, connected Civil Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn To 1.The Director of Fire Services, Directorate of Fire Services and Rescue Department, Egmore, Chennai-8.

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2.The Secretary, Government of Tamil Nadu, Personnel and Administrative Reforms Department, Secretariat,Chennai-9.

+1 CC to M/s.VEERA ASOCIATES, Advocate (SR-24870[F]dated 02/08/2021) +1 CC to M/s.K.K.SENTHIL, Advocate ( SR-25120[F] dated 03/08/2021 ) W.A(MD)No.129 of 2017 30.07.2021 RK (09.08.2021) 4P 5C 4/4