Madras High Court
V.Tharanga Raman vs The State Of Tamil Nadu on 2 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.11024 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.11024 of 2022
V.Tharanga Raman ...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,
Rep. 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 – 600 003. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to direct the respondents 1 to 4
prepare the seniority list for the purpose of promotion to the post of
Deputy Government Analyst and further promotion on the basis of merit
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Page 1 of 6
W.P.No.11024 of 2022
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, 2000-01 by considering objection made
by the petitioner dated 22.03.2022 and in accordance with law within a
time to be stipulated by this Court.
For Petitioner : Mr.P.Ganesan
For Respondents
For R1 to R3 : Dr.T.Seenivasan
Special Government Pleader
For R4 : Mr.R.Baranidharan
Standing Counsel
ORDER
The writ petition has been filed to direct the respondents 1 to
4 prepare the seniority list for the purpose of promotion to the post of
Deputy Government 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, 2000-01 by considering objection made
by the petitioner dated 22.03.2022 and in accordance with law within a
time to be stipulated by this Court.
https://www.mhc.tn.gov.in/judis
2. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3. Pursuant to the seniority list published by the respondent, on
22.03.2022, 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 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.
3. The learned Special Government Pleader appearing for the
https://www.mhc.tn.gov.in/judis
respondents 1 to 3, 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.
4. 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 22.03.2022 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.
5. With the above directions, the Writ Petition stands disposed
of. There shall be no orders as to costs.
02.01.2024
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
To
1. The Secretary,
State of Tamil Nadu,
Personnel and Administrative
Reforms Department,
Secretariat, Chennai – 9.
2. The Principal Secretary to Government,
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 – 600 003.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN. J,
rts
02.01.2024
https://www.mhc.tn.gov.in/judis
