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Madras High CourtWP(MD)/19896/2017dismissed

N.Saradambal, v. The Secretary

2024-08-29Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.16163 of 2017 N.Saradambal ... Petitioner Vs.

1.The Secretary, Tamil Nadu Public Service Commission, Chennai-600 015 2.The Principal Secretary / Commissioner, Treasuries & Accounts Department, Integrated Office Complex For Finance Department, Veterinary Hospital Campus, Nandanam, Anna Salai, Chennai-35.

3.Pay and Accounts Officer, Pay and Accounts Office, 224, West Veli Street, Madurai-625 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the second respondent's impugned order in Na.Ka.No. 40633/1/C3, dated 1/4

21.05.2015 and quash the same as illegal and consequently direct the first respondent to fix the petitioner's name in the Seniority under the category BC(OBCM) PSTM.

For Petitioner : Mr.S.Palpandi For R-1 : Mr.V.Paneer Selvam, Standing Counsel For R-2 & R-3 : Mr.S.Kameswaran, Government Advocate

O R D E R

The prayer sought for in this Writ Petition cannot be granted for the following reasons:

(a).The petitioner was not appointed under the PSTM Category; (b).She was appointed in the year 2012;

(c).Based on the appointment order, she also joined duty; (d).However, the petitioner has challenged the impugned seniority list, dated 21.05.2015, on the ground that she ought to have been selected under the PSTM category and if she was appointed in the PSTM category, her name will rank ahead of many other persons under the impugned seniority list, dated 21.05.2015.

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(e).The relief sought for in this Writ Petition cannot be granted at this belated stage when admittedly the petitioner was not appointed under the PSTM category.

2. For the foregoing reasons, the impugned seniority list, dated 21.05.2015, cannot be challenged by the petitioner at this belated stage, when admittedly she was not appointed under the PSTM category.

3. In the result, there is no merit in this Writ Petition and the same stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

29.08.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Secretary, Tamil Nadu Public Service Commission, Chennai-15 2.The Principal Secretary / Commissioner, Treasuries & Accounts Department, Integrated Office Complex For Finance Department, Veterinary Hospital Campus, Nandanam, Anna Salai, Chennai-35.

3.Pay and Accounts Officer, Pay and Accounts, 224, West Veli Street, Madurai-625 001. 3/4

ABDUL QUDDHOSE, J.

TSG 29.08.2024 4/4