R Kumarvel Vs State of Tamilnadu Rep. by

G.Kannan 10. M.Rajasekaran 11. A.Saminathan 12. K.Selvakumar 13. M.Murugesan 14. V.Jayabanas 15. M.Periasamy 16. V.Malayalan 17. P.Sathya 18. V.Rajkumar

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.. Respondents

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W.P.No.17042 of 2008:-

G.Saravanakumar

.. Petitioner

Versus

The State of Tamil Nadu, Rep. by its Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 9.

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The Director of Rural Development, Panagal Building, Saidapet, Chennai – 15.

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The District Collector, Perambalur.

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The District Collector, Thiruvarur.

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The District Employment Officer, Perambalur, Perambalur District.

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S.Ganeshkumar

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2/9

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.30162 and 17042 of 2008 & 8579 of 2009

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S.Sasireka

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K.Saravaselvam 9. S.Sathiya

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R.Sarathi

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.. Respondents

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W.P.No.8579 of 2009:-

Sivanadiyan

.. Petitioner

Versus

The State of Tamil Nadu, Rep. by its Special Commissioner and Secretary to Government, Rural Development and Panchayat Raj (E3) Department, Secretariat, Chennai – 600 009.

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The Director Rural Development and Panchayat Raj (E3), Chennai.

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The District Collector, Ariyalur District, Ariyalur.

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.. Respondents

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Prayer in W.P.No.30162 of 2008 : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1^st respondent in G.O.Ms.No.96, Rural Development & Panchayat Raj Department, dated 06.06.2008 and quash the same in so far as Dharmapuri District is concerned, and direct the respondents 1 to 4 to fill up the additional sanctioned vacancies of Overseer in accordance with the rules in so far as Dharmapuri District is concerned.

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3/9

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.30162 and 17042 of 2008 & 8579 of 2009

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Prayer in W.P.No.17042 of 2008 : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records connected with G.O.Ms.No.96, Rural Development and Panchayat Raj (E3) Department, dated 06.06.2008 and quash the same in so far as the petitioner is concerned and direct the respondents 1 to 5 to fill up the additional sanctioned vacancies of Overseer post in accordance with rules in so far as Perambalur District is concerned.

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Prayer in W.P.No.8579 of 2009 : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Declaration to declare that the G.O.Ms.No.96 rural Development and Panchayat Raj (E3) Department dated 06.06.2008 of the 1^st respondent herein is ultravires of the provisions of the Tamil Nadu Panchayat Development Engineering Subordinate Service Rules in particular and against Article 14 and 16 of the Constitution of India and consequently, set aside the absorption of 543 Technical Assistants who were working in National Rural Employment Guarantee Scheme and Tsunami District Implementation Units as Overseers in the Tamil Nadu Panchayat Development Engineering Subordinate Services.

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4/9

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.30162 and 17042 of 2008 & 8579 of 2009

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In W.P.No.30162 of 2008:-

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For Petitioners : No appearance For Respondents : Mrs.Y.Kavitha, Additional Government Pleader, for RR-1 to 4 : No Appearance for RR-5, 6, 8, 10, 11 to 15, 17 and 18 : Tapal returned with endorsement “gone to camp” for R9 : II Batta due for RR-7, 9 and 16

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In W.P.No.17042 of 2008:-

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For Petitioners : Mr.K.Arumugam, for Mr.K.Sannjay For Respondents : Mrs.Y.Kavitha, Additional Government Pleader, for RR-1 to 5 : No Appearance for RR-6 to 10

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In W.P.No.8579 of 2009:-

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For Petitioner : No Appearance For Respondents : Mrs.Y.Kavitha, Additional Government Pleader

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5/9

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.30162 and 17042 of 2008 & 8579 of 2009

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COMMON ORDER

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Mr.K.Arumugam, learned Counsel represents Mr.K.Sannjay, learned Counsel for the petitioner in W.P.No.17042 of 2008. None appears for the petitioners in W.P.Nos.30162 of 2008 and 8579 of 2009.

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When all the above Writ Petitions are taken up for hearing, it

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is brought to the notice of this Court that the issue involved in all these Writ Petitions is already settled by a decision of this Court in W.P.Nos.14222 and 14407 of 2008, dated 08.07.2008 which was further carried in appeal to a Division Bench of this Court in W.A.Nos.776 and 777 of 2008, whereby, the Court, while upholding the order of the learned Single Judge and disposing of the Writ Appeal, had issued certain directions to the respondents therein to fill up the vacancies for the post of Overseer by initiating recruitment process as early as possible preferably within a period of six weeks from the date of receipt of the said order.

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It is further brought to the notice of this Court that the Writ Petitions, filed subsequently before the Madurai Bench of this Court in W.P.(MD).Nos.6239, 6955, 6956, 6957 and 7783 of 2008, were all dismissed by a Co-ordinate Bench of this Court on 24.09.2010 observing 6/9

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.30162 and 17042 of 2008 & 8579 of 2009

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that the issue having been adjudicated by the Principal Bench of this Court, cannot be gone into again.

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Since the petitioners in the present Writ Petitions also

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challenge the same Government Order i.e., G.O.Ms.No.96, dated 06.06.2008, which was the subject matter of consideration in all the above mentioned Writ Petitions and the said Writ Petitions having been dismissed by this Court, this Court is of the view that the present Writ Petitions, as filed, do not merit any further consideration and are accordingly dismissed as covered by the aforesaid orders. There shall be no order as to costs.

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04.06.2026

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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs To

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