The Director vs T.Vijayakumar
2023 Latest Caselaw 3643 Mad

                                                                    W.A(MD)No.362 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED : 31.03.2023

                                               CORAM :

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                       W.A(MD)No.362 of 2023
                                               and
                                      CMP(MD)No.3981 of 2023

                1. The Director,
                Tamil Nadu Fire and Rescue Services,
                No.17, Rukmani Lakshmipathy Road,
                Egmore, Chennai-600 008.

                2. The Tamil Nadu Uniformed Service Recruitment Board,
                Represented by its Chairman,
                Old Commissioner Office Campus,
                Pantheon Road, Egmore,
                Chennai-600 008.

                3. The Director General of Police,
                O/o. the Director General of Police,
                Chennai.

                4. The Superintendent of Police,
                O/o.The Superintendent of Police,
                Pudukkottai District.                           ... Appellants

                                                  vs.
                T.Vijayakumar                                   ... Respondent


                          PRAYER : Appeal filed under Clause 15 of Letters Patent,
                against the order dated 13.10.2022 passed in W.P(MD)No.21810 of
                2022.
https://www.mhc.tn.gov.in/judis
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                                                                                    W.A(MD)No.362 of 2023


                                  For Appellants     : Mr.Veera Kathiravan
                                                     Additional Advocate General assisted by
                                                     Mr.S.P.Maharajan
                                                          Special Government Pleader
                                  For Respondent     : Mr.P.Vetrivel for
                                                          M/s.Lajapathi Roy Associates


                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

In a challenge to the very same judgment impugned in

this appeal in W.A.(MD)No.232 and 233 of 2023, by a common

judgment dated 08.03.2023, we had held as follows:-

''6.Both Mr.Aswin Raja Simman and Mr.Mohammed Imran appearing for the respondents would submit that the orders impugned in the writ petitions having been passed only based on Sub Rule 3, cannot be sustained. We are in agreement with the contention of the learned counsel for the respondents that the orders impugned in the writ petitions having been passed only based on Sub-Rule 3 cannot be sustained, since the Sub Rule 3 was introduced after the commencement of the selection process. However, we cannot, at the same time, preclude the employer from looking into antecedents of the persons, who are to be employed in the Uniformed Services in terms of Rule 5 B (1) and (2). Therefore, while affirming the orders in the writ petitions, we set aside the positive direction issued by the Writ Court to issue appointment orders to the petitioners. The Appointing Authority, namely, the Director of Fire and Rescue Services https://www.mhc.tn.gov.in/judis

W.A(MD)No.362 of 2023

will consider the suitability of the petitioners in terms of Rule 5 B (1) (2) and take appropriate decision. Needless to state that the authority will examine the issue with an open mind and without being influenced by any of the observations made either by the Writ Court or by us in this Judgment. The authority will pass the orders within a period of 12 weeks from the date of receipt of a copy of this order.''

2. In view of the same, this Writ Appeal is also disposed of

with the same directions. No costs. Connected miscellaneous

petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 31.03.2023

Index : Yes / No Internet : Yes Neutral Citation : Yes / No bala

To

1. The Director, Tamil Nadu Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

2. The Tamil Nadu Uniformed Service Recruitment Board, Represented by its Chairman, Old Commissioner Office Campus,

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

W.A(MD)No.362 of 2023

Pantheon Road, Egmore, Chennai-600 008.

3. The Director General of Police, O/o. the Director General of Police, Chennai.

4. The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.

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

W.A(MD)No.362 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN W.A(MD)No.362 of 2023 DATED : 31.03.2023

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