Madras High Court
D. Hemamalini vs The State Of Tamil Nadu on 5 September, 2022
W.P. No. 10983 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P. No. 10983 of 2022
and
W.M.P.No. 10567 of 2022
D. Hemamalini
... Petitioner
Vs.
1. The State of Tamil Nadu
Represented by its Secretary,
Personnel and Administrative Reforms Department,
Secretariat, Chennai – 9.
2. The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
Health & Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
3. The Director of Drugs Control,
Chennai – 600 006.
4. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, Chennai – 600003.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of mandamus, directing the respondents 1 to 4 to prepare the
seniority list for the purpose of promotion to the post of Senior Analyst and
further promotion on the basis of merit i.e the marks scored in the selection by
TNPSC for appointment to the post of Junior Analyst without considering the
communal roster points/order of communal rotation stimulated in the selection
list prepared by the TNPSC for appointment to the post of Junior Analyst in the
Tamil Nadu Medical Service 2009-10 & 2011-12s by considering objection
https://www.mhc.tn.gov.in/judis
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W.P. No. 10983 of 2022
made by the petitioner dated 07.04.2022 and in accordance with law within a
time to be stipulated by this Court.
For Petitioner : Mr. P. Ganesan
For Respondents : Mrs. M. Geetha thamaraiselvam
Special Government Pleader
for R1 to R3
Ms. C.N.G. Niraimathi
Standing Counsel for TNPSC
for R4
ORDER
Pursuant to the seniority list published by the respondent, on 07.04.2022,
petitioner has sent objection to the respondents, to consider the said seniority
list only on the basis of merit i.e. marks secured by them to the appointment of
new Junior Analyst, without taking note of the communal roster points/order of
communal rotation for appointment to the post of new Junior Analyst, in the
light of the decision rendered by the Hon'ble Supreme Court in SLA Nos. 2861-
2876 of 2020, confirming the judgment passed by this Court in the case of
K. Raja and Others vs Additional Chief Secretary to Government and another
reported in (2019 (6) CTC page 750), wherein this Court has held that roster
point cannot be the basis for seniority giving adequate reasons both on law and
fact and declared Sections 1(2), 40(1) and 70 of the Tamil Nadu Government
Servants Service (Conditions of Service) Act 2016 as ultra vires and
unconstitutional. But so far, the petitioner's objection has not been considered
by the respondent.
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W.P. No. 10983 of 2022
2. The learned Government Pleader for the respondents, submitted that
the said objection of the petitioner, will be considered by the respondents by
taking into account the applications pending before the Hon'ble Supreme Court.
3. In the light of the above, this Court will not go into merits of the case.
However, directs the second respondent to consider the petitioner's objection
dated 07.04.2022 and pass orders on its own merits and in accordance with law
by taking into consideration the decision sited supra, as early as possible,
within a period of twelve weeks from the date of receipt of a copy of this order.
Till such time the respondents shall not finalise the promotion to the post of
Junior Analyst to Senior Analyst.
4. With the above directions, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
05.09.2022
Index : Yes / No
Internet : Yes/ No
mrn
To
1. The Secretary,
https://www.mhc.tn.gov.in/judis
W.P. No. 10983 of 2022
The State of Tamil Nadu
Personnel and Administrative Reforms Department,
Secretariat, Chennai – 9.
2. The Principal Secretary to Government,
The State of Tamil Nadu,
Health & Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
3. The Director of Drugs Control,
Chennai – 600 006.
4. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, Chennai – 600003.
D.KRISHNAKUMAR, J.
https://www.mhc.tn.gov.in/judis
W.P. No. 10983 of 2022
(mrn)
W.P. No. 10983 of 2022
and
W.M.P.No. 10567 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
