Madras High Court
The Director vs K.Anbazhagan on 27 September, 2023
W.A(MD)No.403 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.403 of 2023
and
C.M.P(MD)No.4398 of 2023
1.The Director,
Tamil Nadu Fire & Rescue Services,
Rukmani Lakshmipathy Road,
Egmore, Chennai – 600 008.
2.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.
4.The Superintendent of Police,
O/o.the Superintendent of Police,
Tenkasi District. ... Appellants/Respondents
Vs.
K.Anbazhagan ... Respondent/Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order made in W.P(MD)No.24198 of 2022 dated 20.10.2022.
1/5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.403 of 2023
For Appellants : Mr.Veera Kathiravan,
Additional Advocate General, assisted by
Mr.D.Sadiq Raja,
Additional Government Pleader
For Respondent : Mr.Aswin Rajasimman for
M/s.T.Lajapathi Roy & Associates
***
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
Heard Mr.Veera Kathiravan, learned Additional Advocate General,
assisted by Mr.D.Sadiq Raja, learned Additional Government Pleader, for
appellants and Mr.Aswin Rajasimman for M/s.T.Lajapathi Roy & Associates,
for respondent.
2. This writ appeal is directed as against the order of the learned
Single Judge, dated 20.10.2022, made in W.P(MD)No.24198 of 2022.
3. When the writ appeal is taken up for hearing today, it is
reported that in similar batch of cases in W.A(MD)Nos.232 and 233 of 2023,
this Court vide judgment, dated 08.03.2023, has disposed of the appeals
with certain directions. Relevant portion of the said judgment reads as
follows:
“6.Both Mr.Aswin Raja Simman and
Mr.Mohammed Imran appearing for the respondents would
https://www.mhc.tn.gov.in/judis
W.A(MD)No.403 of 2023
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 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.”
4. The learned Additional Advocate General appearing for the
appellants and the learned counsel appearing for the respondent/writ
petitioner, have agreed that the same order can be passed in this writ
appeal.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.403 of 2023
5. Therefore, the impugned order passed in the writ petition is
modified in terms of Paragraph No.6 of the judgment, dated 08.03.2023 in
W.A(MD)Nos.232 and 233 of 2023. The authority may pass orders within a
period of twelve weeks from the date of receipt of a copy of this order.
With the above observation, this writ appeal is disposed of.
No Costs. Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
27.09.2023
Index : Yes / No
NCC : Yes/No
SJ
To
1.The Director,
Tamil Nadu Fire & Rescue Services,
Rukmani Lakshmipathy Road,
Egmore, Chennai – 600 008.
2.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.
4.The Superintendent of Police,
O/o.the Superintendent of Police,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.403 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
SJ
W.A(MD)No.403 of 2023
27.09.2023
https://www.mhc.tn.gov.in/judis
