Madras High Court
Dr.K.Ramesh vs The Secretary To Government on 11 April, 2022
W.P.(MD) No.10856 of 2020 etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) Nos.10856, 4193 to 4207, 4209, 4210, 4215 to 4217, 4219, ,
4221, 4222, 4225, 4227, 10862 of 2020
W.M.P(MD).Nos.3549 to 3564 of 2020, 3516 to 3547 of 2020, 3514, 3513,
9456, 9545, 9543 and 9541 of 2020
Prayer in W.P(MD).No.10856 of 2020
Dr.K.Ramesh ... Petitioner
Vs.
1.The Secretary to Government,
Animal Husbandry and Veterinary Services,
Secretariat, Chennai-600 009.
2.The Director,
Directorate of Animal Husbandry &
Veterinary Services,
No.571, Anna Salai,
Nandanam, Chennai-600 035.
3.The Secretary,
Tamil Nadu Public Service Commission,
V.O.C.Nagar, Park Town,
Chennai-600 003. ... Respondents
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W.P.(MD) No.10856 of 2020 etc., batch
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for the
records in respect of the impugned order in Roc.No.45294/M1/2019 dated
24.12.2019 passed by the 2nd respondent and quash the same in so far as
the petitioner herein is concerned and consequently direct the 2nd
respondent to immediately regularize the petitioner herein as granted by 2nd
respondent to similarly placed candidates vide proceedings in Roc.No.
49852/M1/2015 dated 16.10.2018 within a period to be stipulated by this
Court.
For Petitioner : Mr.R.Maheswari
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.N.Satheesh Kumar
Additional Government Pleader
for RR1 and 2
Mr.J.Anand Kumar,
Standing Counsel for R3
******
COMMONORDER
All these writ petitions are filed seeking the relief of
regularization and permanent absorptions in the post of Veterinary Assistant
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W.P.(MD) No.10856 of 2020 etc., batch
Surgeon.
2. In similar set of facts filed by other similarly placed persons,
this Court has elaborately considered the issues and delivered a judgment on
01.04.2022.
3. The learned Additional Advocate General brought to the notice
of this Court that all these issues are similar in nature and the claim of the
petitioners is one and the same (i.e.) for grant of regularisation and
permanent absorption. This Court has dismissed the batch of writ petitions
on 01.04.2022 passing the following orders:-
222. Since the Hon’ble Supreme Court seized of the
matter, it is for these petitioners and the respondent Tamil Nadu
Animal Husbandry, Dairying and Fisheries Department to have
this issue resolved in accordance with law to ensure that there is
no doubt at a later point of time. The continuance of the
petitioners in Table Nos.1, 2 & 3 in service, is subject to the final
outcome of the S.L.P. before the Hon’ble Supreme Court other
than those who have been selected pursuant to Notification No.
32/2019, dated 18.11.2019.
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W.P.(MD) No.10856 of 2020 etc., batch
223. In the result, all these Writ Petitions are dismissed
with the above observations. No cost. Consequently, connected
Miscellaneous Petitions are closed.
4. The matter went upto the Hon'ble Supreme Court of India. The
Hon'ble Supreme Court on 07.04.2022, delivered a judgment that the
petitioners are at liberty to participate in the process of selection through
Tamil Nadu Public Service Commission and in such circumstances, they
may be provided with the benefit of five additional marks for one year for
the services rendered by the respective employees. The said order was
clarified by the Commissioner of Veterinary Care and Medical Services,
Chennai, on 08.04.2022.
5. The issue raised in these writ petitions are no more res integra
as this Court has dismissed the similar writ petitions. However, the Hon'ble
Supreme Court of India granted the benefit of five marks per year in the
event of petitioners participating in the selection through Tamil Nadu Public
Service Commission. The petitioners in these writ petitions are also eligible
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W.P.(MD) No.10856 of 2020 etc., batch
to avail the benefits as granted by the Hon'ble Supreme Court of India
which was communicated by the Commissioner, Veterinary Care and
Medical Services, Chennai, on 08.04.2022.
6. With these observations, all these Writ Petitions are dismissed.
However, there shall be no order as to costs. Connected miscellaneous
petitions are closed.
11.04.2022
ssb
Index:Yes/No
Internet:Yes/No
To
1.The Secretary to Government,
Animal Husbandry and Veterinary Services,
Secretariat, Chennai-600 009.
2.The Director,
Directorate of Animal Husbandry &
Veterinary Services,
No.571, Anna Salai,
Nandanam, Chennai-600 035.
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W.P.(MD) No.10856 of 2020 etc., batch
3.The Secretary,
Tamil Nadu Public Service Commission,
V.O.C.Nagar, Park Town,
Chennai-600 003.
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W.P.(MD) No.10856 of 2020 etc., batch
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No. 10856 of 2020 etc.,
11.04.2022
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https://www.mhc.tn.gov.in/judis
