Petitioner sought declaration that a specific word in Special Rules was unconstitutional. State contended relief was mooted by subsequent amendments. Court, noting petitioner's non-appearance, consigned matter to records.
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W.P.No.20848 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.20848 of 2017
J. Mohanbharathi ... Petitioner
-vs-
1. State of Tamil Nadu
Secretary to Government
Agriculture Department
Fort St. George,
Chennai – 9
2. Chief Engineer Agricultural Engineering Department
487, Anna Salai,
Nandanam,
Chennai – 35 .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Declaration to declare the word “direct” contained under sub-class 1 of class IV of table to Rule 2(a) and 2(b) of Special Rules read with item (i) of Class IV of Annexure to Rule 6(b) of the Special Rules as ultra vires, unconstitutional and void or in the alternation, read down the word direct or sever that word from item (i) so as to comprehend within its scope “promotion”also.
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W.P.No.20848 of 2017
For Petitioner : No appearance For Respondents : Mr.V. Jayaprakash Narayanan State Govt. Pleader
ORDER
( Order of the Court was made by The Hon'ble Chief Justice)
It appears that the writ petition was filed in the year 2017 for declaring the word “direct” contained under sub-class 1 of class IV of table to Rule 2(a) and 2(b) of Special Rules read with item (i) of Class IV of Annexure to Rule 6(b) of the Special Rules as ultra vires and to delete that word.
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W.P.No.20848 of 2017
“8. In this regard, it is submitted that the Government vide G.O.Ms.No.273, Agriculture (AA3) Department, dated 19.09.2016 has already deferred the direct recruitment to the post of Assistant Executive Engineer (Agricultural Engineering) and deleted the provision from the Special Rules for the Tamil Nadu Agricultural Engineering Services in the way of policy decision. Further, the Government vide G.O.Ms.No.284, Agriculture (AA3) Department, dated 17.11.2017 has issued necessary amendments to the Special Rules for the Tamil Nadu Agricultural Engineering Services. Hence, now, there are only two methods of appointment to the post of Assistant Executive Engineer (Agricultural Engineering) viz., 1) promotion from Assistant Engineer (Agricultural Engineering) and 2) recruitment by transfer from Junior Engineer (Agricultural Engineering).
9. It is submitted that since the direct recruitment to the post of Assistant Executive Engineer (Agricultural Engineering) was deferred with the concurrence of Tamil Nadu Public Service Commission as stated above vide G.O.Ms.No.284, Agriculture (AA3) Department, dated 17.11.2017, the prayer of the petitioner has been met with.
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W.P.No.20848 of 2017
Hence, the writ petition became infructuous at this stage.”
being granted in the absence of the petitioner since 04.06.2018 and no one has appeared on behalf of the petitioner even today.
Narayanan, learned State Government Pleader prays that the matter
may be consigned to records as nothing survives in the matter.
accordingly consigned to records without prejudice to the rights of the
petitioner to seek any recall in the event anything survives. No costs.
Index : Yes/No sr
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W.P.No.20848 of 2017
To
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W.P.No.20848 of 2017
The Hon'ble Chief Justice and Senthilkumar Ramamoothy, J.
sr
W.P.No.20848 of 2017
01.09.2020
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J. Mohanbharathi
State of Tamil Nadu
A.P.SAHI
SENTILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
