Madras High Court
Dr.P.Jagadeesan vs The Secretary To Government on 26 April, 2022
W.P.(MD) No.3425 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.3425 of 2021
and
W.M.P.(MD) Nos.2775, 2777 & 2779 of 2021
Dr.P.Jagadeesan ... Petitioner
vs.
1.The Secretary to Government
Department of Animal Husbandry
Dairying and Fisheries
St.George Fort
Chennai-600 009
2.The Director
Directorate of Animal Husbandry
and 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-600 033
4.The Regional Joint Director
Animal Husbandry Department
Karur, Karur District ... Respondents
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W.P.(MD) No.3425 of 2021
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 impugned Advertisement No. 52, Notification No. 32/2019, dated
18.11.2019 issued by the 3rd respondent and consequentially direct the
respondents 1 and 2 to grant permanent status to the petitioner by
regularizing his service with all benefits within time limit fixed by this Court.
For Petitioner : Mr.Kannan.AL.
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.N.Satheesh Kumar for R1, R2 & R4
Mr.J.Anandkumar for R3
ORDER
This writ petition has been filed seeking the relief of regularization
and permanent absorption in the post of Veterinary Assistant 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.
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W.P.(MD) No.3425 of 2021
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
petitioner herein 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 by 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.
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 Honourable Supreme Court of India.
The Apex Court on 07.04.2022, delivered a Judgment holding 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
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W.P.(MD) No.3425 of 2021
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 the present writ petition is no more res
integra as this Court has dismissed the similar writ petitions. However, the
Honourable 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 petitioner herein is also eligible to avail the
benefits as granted by the Honourable Supreme Court of India, which was
communicated by the Commissioner, Veterinary Care and Medical Services,
Chennai, on 08.04.2022.
6. With these observations, the writ petition is dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
26.04.2022
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.3425 of 2021
To:
1.The Secretary to Government,
Department of Animal Husbandry,
Dairying and Fisheries,
St.George Fort,
Chennai-600 009.
2.The Director,
Directorate of Animal Husbandry
and Veterinary Services,
No.571, Anna Salai, Nandanam,
Chennai-600 035.
3.The Regional Joint Director,
Animal Husbandry Department,
Karur, Karur District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.3425 of 2021
S.M.SUBRAMANIAM, J.
krk
W.P.(MD) No.3425 of 2021
and
W.M.P.(MD) Nos.2775, 2777 & 2779 of
26.04.2022
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https://www.mhc.tn.gov.in/judis
