Madras High Court
The Secretary vs M.Ahamed Basheer ... 1St on 28 April, 2021
W.A.(MD)Nos.947 to 951 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) Nos.947 to 951 of 2021
and
CMP(MD).Nos.4296,4297,4298,4295 and 4299 of 2021
W.A.(MD) No.947 of 2021
The Secretary,
The Tamil Nadu Public Service Commission,
Frazer Bridge Road,
VOC Nagar, Park Town,
Chennai - 600 003.
... Appellant/Respondent-1
in all W.A.s
Vs
1. M.Ahamed Basheer ... 1st respondent/1st respondent
2. The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St.George, Secretariat,
Chennai - 600 009. ... 2nd respondent/2nd respondent
3. The Inspector General of Registration,
Registration Department,
100, Santhome High Road,
Chennai - 600 028. ... 3rd respondent/3rd respondent
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W.A.(MD)Nos.947 to 951 of 2021
4. The District Registrar (Administration),
Ramanathapuram - 623 501. ... 4th respondent/ 4th respondent
W.A.(MD) No.948 of 2021
The Secretary,
The Tamil Nadu Public Service Commission,
Frazer Bridge Road,
VOC Nagar, Park Town,
Chennai - 600 003.
... Appellant/Respondent-1
in all W.A.s
Vs
1. N.Vijei Chandran ... 1st respondent/1st respondent
2. The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St.George, Secretariat,
Chennai - 600 009. ... 2nd respondent/2nd respondent
3. The Inspector General of Registration,
Registration Department,
100, Santhome High Road,
Chennai - 600 028. ... 3rd respondent/3rd respondent
4. The District Registrar (Administration),
Erode District. ... 4th respondent/ 4th respondent
W.A.(MD) No.949 of 2021
The Secretary,
The Tamil Nadu Public Service Commission,
Frazer Bridge Road,
VOC Nagar, Park Town,
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W.A.(MD)Nos.947 to 951 of 2021
Chennai - 600 003.
... Appellant/Respondent-1
in all W.A.s
Vs
1. C.Kumar ... 1st respondent/1st respondent
2. The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St.George, Secretariat,
Chennai - 600 009. ... 2nd respondent/2nd respondent
3. The Inspector General of Registration,
Registration Department,
100, Santhome High Road,
Chennai - 600 028. ... 3rd respondent/3rd respondent
4. The District Registrar (Administration),
Virudhunagar District. ... 4th respondent/ 4th respondent
W.A.(MD) No.950 of 2021
The Secretary,
The Tamil Nadu Public Service Commission,
Frazer Bridge Road,
VOC Nagar, Park Town,
Chennai - 600 003.
... Appellant/Respondent-1
in all W.A.s
Vs
1. G.Komakan ... 1st respondent/1st respondent
2. The Secretary to Government,
Commercial Taxes and Registration Department,
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W.A.(MD)Nos.947 to 951 of 2021
Fort St.George, Secretariat,
Chennai - 600 009. ... 2nd respondent/2nd respondent
3. The Inspector General of Registration,
Registration Department,
100, Santhome High Road,
Chennai - 600 028. ... 3rd respondent/3rd respondent
4. The District Registrar (Administration),
Ariyalur District. ... 4th respondent/ 4th respondent
W.A.(MD) No.951 of 2021
The Secretary,
The Tamil Nadu Public Service Commission,
Frazer Bridge Road,
VOC Nagar, Park Town,
Chennai - 600 003.
... Appellant/Respondent-1
in all W.A.s
Vs
1. Lakshmanan ... 1st respondent/1st respondent
2. The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St.George, Secretariat,
Chennai - 600 009. ... 2nd respondent/2nd respondent
3. The Inspector General of Registration,
Registration Department,
100, Santhome High Road,
Chennai - 600 028. ... 3rd respondent/3rd respondent
4. The District Registrar (Administration),
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W.A.(MD)Nos.947 to 951 of 2021
Madurai (South). ... 4th respondent/ 4th respondent
COMMON PRAYER: Appeal under Clause 15 of the Letters Patent, against
the order dated 26.04.2019, passed in W.P(MD).Nos.
16658,16659,16660,16661 and 16662 of 2017.
For Appellants : Mr.D.Sivaraman
in all W.A.s
For Respondent : Mr.Ragatheesh Kumar for R1
in all W.A.s Mr.K.Sathiya Singh
Additional Government Pleader
for R2 to R4
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.D.Sivaraman, learned Counsel appearing for the petitioner-
TNPSC, Mr.Isaac Mohanlal, learned Senior Counsel, assisted by
Mr.Ragatheesh, learned Counsel appearing for the respondents-writ
petitioners and Mr.K.Sathiya Singh, learned Additional Government Pleader
appearing for the respondents 2 to 4.
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W.A.(MD)Nos.947 to 951 of 2021
2. These appeals are filed against the common order, dated
26.04.2019, passed in W.P(MD).Nos.16658,16659,16660,16661 and 16662
of 2017.
3. These cases have had a checkered history and the subject matter in
issue is regularisation of the services of the respondents-writ petitioners.
4. To cut the story short, the respondents-writ petitioners were
regularised in service, pursuant to a test conducted by the TNPSC, based on
directions issued by the Government. The problem arose, when the
respondents-writ petitioners could not be accommodated in the same
Department, where they were earlier working, namely, the Registration
Department. This was on account of the fact that at the relevant time, the
Registration Department failed to notify the vacancies, consequently,
TNPSC could not nominate the petitioners to the very same Department.
The explanation offered by TNPSC obviously reasonable, nevertheless,
avenues given to the writ petitioners to submit mercy petitions and these
mercy petitions was to be considered by the Government, in terms of the
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W.A.(MD)Nos.947 to 951 of 2021
judgment of the Hon'ble Division Bench of this Court in W.A(MD).Nos.480
to 482 of 2012, dated 03.11.2016, wherein, the Hon'ble Division Bench held
that the administrative department of the Government of Tamil Nadu has to
consider the proposal on merits and in accordance with law. It appears that
the administrative department of the Government of Tamil Nadu passed on
the matter to the TNPSC for a decision.
5. When the writ petitions were pending before the learned Single
Bench, the proposal had been already forwarded to TNPSC and they filed a
counter affidavit that the proposal is under active consideration. The learned
Single Bench by the impugned order dated 26.04.2019, disposed of the writ
petition by issuing a positive direction to the TNPSC to accommodate all
the writ petitioners in the Registration Department. Aggrieved by the said
positive direction, the TNPSC is on appeal before us. It is thereafter,
TNPSC has rejected the mercy petitions and such orders were put to
challenge, by way of filing separate writ petitions, in which, an interim
direction has been granted.
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W.A.(MD)Nos.947 to 951 of 2021
6. The issue in these appeals is whether a positive direction could
have been granted by the learned Writ Court to consider and grant relief on
the mercy petitions. In our respectful view, such a positive direction could
not have been granted, because the representations filed by the writ
petitioners is only pleading mercy. Therefore, such petition has to be
definitely considered in accordance with the Rules.
7. The learned Senior Counsel appearing for the respondents would
submit that for no fault committed by the respondents, they were not
accommodated in the Registration Department, whereas, their juniors were
accommodated. There may be several factors owing to which TNPSC could
not have allotted the candidates to the Registration Department. As a
recruiting Agency, the TNPSC can allot candidates, only as against notified
vacancies of the requisitioning department, which has to be approved by the
Government. Therefore, all that the Writ Court could have done is to extend
mercy to the candidates, taking note of the fact that they were regularised in
service pursuant to a test conducted by the TNPSC, coupled with the fact
that there is an observation made by the Hon'ble Division Bench in the
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W.A.(MD)Nos.947 to 951 of 2021
earlier round of litigation for the Government is to direct to consider the
proposal.
8. Therefore, to that extent, we are of the view that the learned Writ
Court committed an error in issuing a positive direction. Therefore, that
portion of the order needs to be set aside and it can be modified to the effect
that the TNPSC can be directed to consider the petition, however, no
positive direction or observation can be made by the learned Writ Court.
9. We have been informed by the learned Additional Government
Pleader appearing for the respondents 2 to 4, that in the writ petitions filed
by the respondents subsequently, an interim order was granted and the
learned Single Bench directed the Registration Department to comply with
the interim order and the same has been complied with, by the order of the
Inspector General of Registration, dated 28.04.2021, in Na.Ka.No.
40631/K2/2017, all the five respondents-writ petitioners had been
accommodated in the Registration Department pending disposal of the writ
petitions. Therefore, it is well open to the respondents-writ petitioners to
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W.A.(MD)Nos.947 to 951 of 2021
canvass all issues in the pending writ petitions.
10. For the above reasons, the Writ Appeal is allowed to the extent
that a positive direction could not be issued, but, no further orders are
required, since, already the subject matter is pending before the learned
Single Bench and pending writ petitions, the respondents-writ petitioners
have been accommodated in the Registration Department itself.
11. Accordingly, the Writ Appeals are allowed on the above terms.
No costs. Consequently, connected miscellaneous petitions are closed.
(T.S.S.,J.) (S.A.I.,J.)
28.04.2021
Index : Yes/No
Internet : Yes/No
pkn
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W.A.(MD)Nos.947 to 951 of 2021
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To,
1. The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2. The Inspector General of Registration,
Registration Department,
100, Santhome High Road,
Chennai - 600 028.
3. The District Registrar (Administration),
Ramanathapuram - 623 501.
4. The District Registrar (Administration),
Erode District.
5. The District Registrar (Administration),
Virudhunagar District.
6. The District Registrar (Administration),
Ariyalur District.
7. The District Registrar (Administration),
Madurai (South).
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W.A.(MD)Nos.947 to 951 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD) Nos.947 to 951 of 2021
28.04.2021
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