Government Of Tamil Nadu vs A. Kandasamy
2023 Latest Caselaw 4705 Mad

                                                                           W.A.No. 2004 of 2018


                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 24.04.2023

                                                       CORAM:

                                     THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                                        AND

                        THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI

                                                W.A.No. 2004 of 2018
                     1. Government of Tamil Nadu
                        Represented by its Secretary,
                        Environment & Forest Department,
                        Fort St. George, Chennai -9.

                     2. The Principal Chief Conservator of Forests,
                        Panagal Building, Saidapet, Chennai -15.

                     3. The District Forest Officer,
                        Salem District,
                        Salem.

                     4. The District Forest Officer,
                        Coimbatore District.                              ...Appellants

                                  versus

                     1. A. Kandasamy
                     2. R. Kaliyamoorthy
                     3. C. Manickam
                     4. V. Chinnavan
                     5. N. Pandurangan
                     6. R. Nehru
                     7. P.A. Duraisamai
                     8. K. Muthusamy
                     9. C. Duraiyan
                     10. L. Thannasi
                     11. D. Ganesan                                    ... Respondents


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No. 2004 of 2018




                          Appeal filed against the order passed by this Court dated
                     24.02.2014 in WP No. 5280 of 2014.



                                  For Appellants       :   Mr. Hasan Fizal
                                                           Additional Government Pleader

                                  For respondents      : R1 to R3 and 8 dismissed vide
                                                         order dated 23.12.2022
                                                         R4 to R7 and R to R11- No appearance



                                                       JUDGMENT

(made by D.KRISHNAKUMAR, J.)

The learned Additional Government Pleader, appearing for the

appellants, has submitted before this Court that the issue involved in

this writ appeal is res integra for the reason that a Division Bench of

this Court had elaborately considered in Writ Appeal No. 1578 of 2014,

etc. batch. dated 05.07.2018 and passed an order by holding that

there is no vested right in an individual to seek appointment by

regularization against the Rues and further held that a Mandamus

cannot be issued compelling the Government to relax the qualification

required for a particular post, as such a Mandamus will be against the

Service Rules.

https://www.mhc.tn.gov.in/judis W.A.No. 2004 of 2018

2. Considering the aforesaid decision of the Division Bench cited

supra, the order passed by the Writ Court in W.P. 5280 of 2014 is

modified to the extent that the appellants are directed to take

appropriate decision in the light of the order passed in W.A. No. 1578

of 2014, etc. batch. Dated 05.07.2018. For the compliance of the

order of the learned Single Judge, 12 weeks time is granted from the

date of receipt of a copy of this order.

3. With the above modification, the writ appeal stands disposed

of. No costs. Consequently, C.M.P.No. 15893 of 2018 is closed.

(D.K.K., J.) (K.G.T., J.) 24.04.2023 Index: Yes/no mrn

https://www.mhc.tn.gov.in/judis W.A.No. 2004 of 2018

D.KRISHNAKUMAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

(mrn)

To

1. The Secretary, Government of Tamil Nadu Environment & Forest Department, Fort St. George, Chennai -9.

2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai -15.

3. The District Forest Officer, Salem District, Salem.

4. The District Forest Officer, Coimbatore District.

W.A.No. 2004 of 2018

24.04.2023

https://www.mhc.tn.gov.in/judis