CORAM : THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.Nos.24351, 24354 and 24599 of 2019. Tn public service commission order setaside

[2/8, 19:13] Sekarreporter1: W.P.Nos.24351, 24354 and 24599 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 23.12.2020
Pronounced on : 05.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.Nos.24351, 24354 and 24599 of 2019
1.V.Vinaya Bharathi .. Petitioner in W.P.No.24351 of 2019
2.S.Vinothkumar .. Petitioner in W.P.No.24354 of 2019
3.P.Agilan .. Petitioner in W.P.No.24599 of 2019

-Vs-
1.The Government of Tamil Nadu,
Rep by its Secretary,
Personnel and Administrative Reforms Department,
Secretariat, Fort St.George,
Chennai 600 009.
2.Tamil Nadu Public Service Commission,
Rep by its Secretary,
Frazer Bridge Road,
Park Town,
Chennai 600 003.
3.The Chairman,
Tamil Nadu Public Service Commission,
Frazer Bridge Road,
Park Town, Chennai – 600 003. … Respondents in all W.Ps
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[2/8, 19:13] Sekarreporter1: W.P.Nos.24351, 24354 and 24599 of 2019
Prayer in all W.Ps: Petitions filed under Article 226 of the Constitution
of India praying to issue a Writ of Certiorari, to call for the records of the
order in Memo No.6716/PSD-D2/2016 dated 08.08.2019 on the file of the
second respondent and to quash the same as illegal and without
jurisdiction and for consequential orders.
In all W.Ps

For Petitioners : Mr.Sharath Chandran
For Respondents : Mr.V.Kathirvelu, SGP for R1
Mr.N.Balamurali Krishnan,
Standing Counsel for R2 & R3
O R D E R
These writ petitions have been filed challenging the order dated
08.08.2019, in cancelling the selection and appointment of these
petitioners in the Tamil Nadu Secretariat Service. The reasons set forth in
the impugned orders are one and the same in respect of these petitioners
and the cause of action is also identical and common and therefore, all the
three writ petitions are taken up together for common disposal as under.
2. The facts of the case are that these petitioners were working as
Junior Assistants in Kancheepuram Municipal Office. The second
respondent Commission issued a notification No.19/2017 dated
31.08.2017, inviting applications for recruitment to the post of Assistant in
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[2/8, 19:14] Sekarreporter1: W.P.Nos.24351, 24354 and 24599 of 2019
17. In view of the above, these writ petitions stand allowed and
the impugned order in Memo No.6716/PSD-D2/2016 dated 08.08.2019, is
set aside. The respondents are directed to pass orders afresh on the basis of
the above observation by re-visiting the appointment of these petitioners.
The respondents are directed to pass appropriate orders after due
examination and appreciation of the case of the petitioners, within a period
of six weeks from the date of receipt of a copy of this order.
18. In case, the petitioners are found to be satisfying the rule
position, their appointments to the Secretariat Service in the respective
departments must be restored forthwith with all consequential and
attendant benefits, as if they have deemed to have continued in service
from the date of their original appointment in the Secretariat Service. No
costs.

05.02.2021
Index : Yes
Internet : Yes
gsk
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