Justice M.Duraiswamy dismissed the writ petition as infructuous. Since no interim protection was granted during the pendency of the petition, the petitioner cannot be accommodated backdated to the selection period, rendering the sought relief impossible to grant.
None. The relief was dismissed as infructuous due to the absence of interim protection.
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 : 01.11.2019 CORAM : THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.32603 of 2004 and W.P.M.P.No.1656 of 2008
Gandhi
...Petitioner
Versus
Fort St.George, Madras 9.
Selection Commission rep by.
Director General of Police,Madras 4.
Kanyakumari District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent in proceedings No.Na.Ka.No.53286/Rec 3/99, dated 3.6.1999 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents to appoint the petitioner as Constable Grade II on and from June 1999 together with all benefits.
For Petitioner : Mr.V.Raghavachari
For Respondents : Mr.S.N.Parthasarathi
Government Advocate
The petitioner has filed this writ petition to issue a writ of certiorarified mandamus to call for the records relating to the proceedings dated 3.6.1999 on the file of the second respondent and quash the same and further direct the respondents to appoint the petitioner as Constable Grade II on and from June 1999 together with all benefits.
Page No.1/2
the writ petition in the year 2004. Even if the writ petition is allowed the petitioner cannot accommodated in the employment on and from 1998.
Sd/Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
ms
To
1.The Secretary to Government,
State of Tamil Nadu,
Home Department,
Fort St.George, Madras 9.
2.The Director General of Police,
Tamil Nadu Uniformed Services,
Selection Commission,
Madras 4.
3.The District Superintendent of Police,
Kanyakumari District.
+1 cc to Mr.V.Raghavachari Advocate sr90964
+1 cc to the government pleader sr91120
W.P.No.32603 of 2004
and
W.P.M.P.No.1656 of 2008
aa09/12/2019
Page No.2/2
1 issue framed by the court
Whether a writ of certiorari and mandamus to quash selection proceedings and direct appointment with retrospective benefits is maintainable when interim protection was denied.
1 provisions across 1 enactments
Gandhi
The State of T.Nadu rep by the Secretary to Government, Home Department
The T.Nadu Uniformed Services, Selection Commission rep by Director General of Police
The District Superintendent of Police, Kanyakumari District
M.Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
