The Madras High Court directed the State of Tamil Nadu to frame service rules for Computer Forensic Division Scientific Staff within four months, fixing a time limit to prevent indeterminate delay in defining qualifications and terms.
Four months time granted to the respondents to frame the special service rules for the forensic division.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.No.43883 of 2016
M.Velmurugan, Advocate
Formerly Member of the Bar Council
of Tamil Nadu and Puducherry and
Former Secretary of the MHAA
Shaw Wallace Buildings
Thambu Chetty Street
Chennai – 600 001. .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by Secretary to Government
(Police XVIII Department)
Secretariat, Chennai – 600 009.
2. The Director
Forensic Science Department
Mylapore, Chennai – 600 004. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the first respondent to frame service rules immediately in respect of the posts created by the first respondent in G.O.Ms.No.707, dated 11.8.2010 by fixing the qualification in tune with the requirements of the Information Technology Act, 2000 qualifications in the Degree/PG Degree in the Computer Science, namely MCA/MSc Computer Science/BE Computer Science.
For Petitioner
: Mr.M.Gnanasekar
For Respondents : Mr.R.Vijayakumar
Addl. Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitioner is aggrieved by the non satisfactory response by the respondents by letter dated 21.7.2016 stating that the Special Rules for Tamil Nadu Forensic Science State/Subordinate Service, including aspects of educational and service qualification for posting of Scientific Staff in the Computer Forensic Division of the Forensic Sciences Department, are being examined since 29.1.2015, but no time limit could be fixed as to when they will be brought in force.
The petition, accordingly, stands disposed of. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
sasi
To:
1. The Secretary to Government
State of Tamil Nadu
(Police XVIII Department)
Secretariat, Chennai – 600 009.
2. The Director
Forensic Science Department
Mylapore, Chennai – 600 004.
+2cc to Mr.Gnanasekar, Advocate, S.R.No.74586 &74586
+1cc to the Government Pleader, S.R.No.74713
kk(CO)
md(27/12/2016)
W.P.No.43883 of 2016
2 issues framed by the court
Whether a reasonable time limit should be fixed for the State to frame service rules for forensic staff.
Whether the petition under Article 226 should be disposed of by granting a specific timeframe for rule-making.
2 provisions across 2 enactments
M. Velmurugan
State of Tamil Nadu
Director, Forensic Science Department
SANJAY KISHAN KAUL
M SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
