Court disposed of writ petitions filed by unsuccessful applicants in O.A. No. 1917 of 2017, directing the Department of Revenue and Disaster Management to consider accommodating petitioners selected after re-evaluation within twelve weeks.
Direct respondents to consider accommodating petitioners within twelve weeks from receipt of order.
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.
W.P.Nos.33777 of 2019 and 14216 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.Nos.33777 of 2019 and 14216 of 2020 and WMP Nos. 34274, 34275 of 2019 and WMP No. 6360 of 2021
WP No.33777 of 2019
S.Rathinaraj ... Petitioner
Vs.
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W.P.Nos.33777 of 2019 and 14216 of 2020
S/o.Viswanathan, No.16, Ambedkar Street, Uthirivakinipet, Puducherry [7th respondent impleaded vide order dated 20.11.2024 by SMSJ & MJRJ in WMP No.17094 of 2021 in WP No.33777 of 2019] ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 6th respondent in its order dated 01.10.2019 made in O.A.No.1964 / 2017 quash the same and consequently, direct the respondents to appoint the petitioner as Deputy Tahsildar Department of Revenue and Disaster Management, Government of Puducherry, with effect from 23.11.2010 with consequential benefits such as Seniority from such date.
For Petitioner : Mr.Karthick Rajan for Mr.Menon For Respondents : Mr.R.Syed Mustafa Special Government Pleader[Puducherry] for R1 to R3 Mr.Mani Sundara Gopal for R4 Mr.L.Chandra Kumar for R5 R6 - Tribunal
WP No.14216 of 2020
P.Muthukumaran ... Petitioner
Vs.
W.P.Nos.33777 of 2019 and 14216 of 2020
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W.P.Nos.33777 of 2019 and 14216 of 2020
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W.P.Nos.33777 of 2019 and 14216 of 2020
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the Central Administrative Tribunal, Madras Bench relating to the impugned order dated 01.10.2020 passed in MA/310/000197/206 & MA/310/00931/2016 (in) (&) OA /310/01491/2011a/w OA/310/01536/2011, OA/310/00267/2012, OA/310/00368/2012, OA/310/00089/2013,
OA/310/00413/2013 & OA/310/01964/2017 and quash the same in as much as it did not grant the relief of offering of appointment to the respondents also who come up in the merit list and consequently direct the respondents 15 to 19 to issue offer of appointment to the petitioner to the post of Deputy Tahsildar with Seniority and all other service benefits from the initial appointment of the others without any backwages.
For Petitioner : Mr.R.Saravanan for Mr.L.Poovendra Perumal For Respondents : No appearance for R1 to 3, 5 to 7, 11, 23 to 27 29 to 28, 35 to 38 and 40 Mr.J.Srinivasa Mohan for M/s.TVJ Associates for R8 Mr.V.Ajaya Kumar for R12 and R13 Mr.Karthick Rajan for M/s.Menon Karthick Mukundan for R14 and R18 Mr.R.Syed Mustafa Special Government Pleader [Puducherry] for R15 to 19 Not ready in notice for 4,9,10,20 to 22, 28, 34 and 39 COMMON ORDER
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W.P.Nos.33777 of 2019 and 14216 of 2020
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
These writ petitions have been filed by the unsuccessful applicants in OA No.1917 of 2017. The Central Administrative Tribunal dismissed the original application mainly on the ground of delay in approaching the Tribunal.
W.P.Nos.33777 of 2019 and 14216 of 2020
Department of Revenue and Disaster Management, Government of Puducherry filed a letter dated 19.11.2024, has stated that a final decision will be taken by the Government for accommodating the writ petitioners in WP No.14216 of 2020 and WP No.33777 of 2019, since these two candidates were declared selected after conducting re-evaluation. Therefore, the respondents shall consider and take a decision as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of the copy of this order.
Consequently, the connected miscellaneous petitions are closed.
[S.M.S., J.] [M.J.R., J.] Index: Yes/No 20.11.2024 Speaking/Non-speaking order rka
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W.P.Nos.33777 of 2019 and 14216 of 2020
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W.P.Nos.33777 of 2019 and 14216 of 2020
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
rka
W.P.Nos.33777 of 2019 and 14216 of 2020 and WMP Nos. 34274, 34275 of 2019 and WMP No. 6360 of 2021
20.11.2024
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2 issues framed by the court
Whether unsuccessful applicants O.A. No. 1917 of 2017 entitled to appointment post re-evaluation ordered by earlier batch of writ petitions
Whether Central Administrative Tribunal dismissal on ground of delay bars grant of relief in light of prior court order on batch of petitions
S.Rathinaraj
P.Muthukumaran
Union of India, Rep. By the Chief Secretary, Chief Secretariat, Government of Puducherry
S.M. Subramaniam
M. Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
