The Madras High Court dismissed a writ petition filed by an employee appointed in the Commercial Tax Department seeking mandatory re-allotment to the Elementary Education Department, holding that employees cannot claim a right to specific departmental allotment based on prior employment.
Petitioner not entitled to re-allocate. Writ of Mandamus dismissed.
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: 11.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
W.P.No.4727 of 2011 & M.P.No.1 of 2011
K.V.K.Somasundaram .. Petitioner
Vs.
1.The Secretary, Tamil Nadu Public Service Commission, No.1, Greems Road,
Chennai - 600 006.
2.The Commissioner, Commercial Tax Department, Chepauk, Chennai - 600 005.
(Commercial Tax), Enforcement (Central), Chennai - 600 006.
(R4 to R6 are impleaded as per order dated 16.04.2018 in W.M.P.No.10327 of 2018
in W.P.No.4727 of 2011)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to withdraw the name of the petitioner from Commercial Taxes Department where he was allotted and to re-allot the petitioner to Elementary Education Department for a posting more particularly in Tiruvannamalai the
present in Tiruvannamalai, wherein the petitioner is still working and continuing and working in the existing post.
For Petitioner : Mr.S.Sivakumar
For Respondents : Mr.M.Devendran
Standing Counsel for R1
Mr.Master Ganesh Government Advocate (Taxes) for R2 & R3
Mr.P.Raja Government Advocate for R4 to R6
O R D E R
Heard Mr.S.Sivakumar, learned counsel for the petitioner; Mr.M.Devendran, learned Standing Counsel for the first respondent; Mr.Master Ganesh, learned Government Advocate (Taxes) for the respondents 2 and 3; Mr.P.Raja, learned Government Advocate for the respondents 4 to 6 and perused the materials available on record.
representations dated 08.11.2010 and 12.11.2010, no orders have been passed, reallotting the petitioner to the Education Department. Hence, the present Writ Petition.
relying upon the counter submitted that as per the Government Orders, a Special Competitive Examination was conducted by the first respondent and as per the marks secured in the Special Examination, they were appointed in various Departments. It is further stated that a similar Writ Petition in W.P.(MD)No.4461 of 2009 filed before the Madurai Bench of Madras High Court was allowed and on appeal by the Tamil Nadu Public Service Commission, the Division Bench in W.A.(MD)No.242 of 2010, reversed the order of the learned Single Judge. The order was also confirmed by the Hon'ble Supreme Court in SLP(C) No.8403 of 2011.
accommodating the private respondents / writ petitioners in the Registration Department does not arise and that request is also un-sustainable. This argument is prima facie sustainable. One other factor to be noted in this case is that if the selected candidates have to be allotted each of the departments according to them whims and fancies, it will lead to a hazardous situation and while getting appointment also, it will give a right to them or it will give rise to a situation wherein a new recruit, as a matter of right, can claim any department. If this has to be given effect to, then, matters relating to rule of reservation, vacancy position and marks secured by the candidates have to be given a go-by."
Sd/-
Assistant Registrar(CS-IX)
//True copy//
Sub Assistant Registrar
r n s
To
1.The Secretary, Tamil Nadu Public Service Commission, No.1, Greems Road, Chennai - 600 006. 2.The Commissioner, Commercial Tax Department, Chepauk, Chennai - 600 005. 3.The Deputy Commissioner, (Commercial Tax), Enforcement (Central), Chennai - 600 006.
5.The Joint Director (Personal), School Education Department, College Road, Chennai - 600 006.
6.The District Elementary Education Officer, District Elementary Educational Office, Gandhi Nagar, Tiruvannamalai - 606 601. Tiruvannamalai District.
+1cc to M/s.S.Suseeladevi, Advocate SR.No.70705
W.P.No.4727 of 2011 & M.P.No.1 of 2011
SSD(CO)
GMY(29/11/2018)
2 issues framed by the court
Whether a public servant can claim as a matter of right allotment to a specificdepartment after selection in a Group-IV competitive examination.
Whether the Division Bench judgment in W.A.(MD) No. 242 of 2010 materially affected the petitioner's claim for re-allotment.
Colour shows how this judgement treated each authority
not specified in textExplained¶5
W.P.(MD)No.4461 of 2009 / W.A.(MD)No.242 of 2010 / SLP(C) No.8403 of 2011
K.V.K.Somasundaram
The Secretary, Tamil Nadu Public Service Commission
The Commissioner, Commercial Tax Department
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
