Madras High Court
S.Agnes Daney Angela vs The Secretary To Government on 26 August, 2014
Author: R.S.Ramanathan
Bench: R.S.Ramanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.08.2014 CORAM THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN W.P. No.22696 of 2014 and M.P.Nos.1 to 3 of 2014 S.Agnes Daney Angela .. Petitioner ..vs.. 1.The Secretary to Government, Department of Animal Husbandry, Dairying and Fisheries, Tamilnadu Secretariat, Chennai 600 009. 2.The Commissioner of Fisheries, Administrative Office Buildings, Teynampet, Chennai 600 006. 3.The Assistant Director of Fisheries, No.5, S.V.Complex, Veerapapalaym Pirivu, Perunthurai Road, Erode. 4.The Deputy Director of Fisheries (Regional), Dam Road, Bhavanisagar 638 451, Erode District. 5.The Registrar, Tamil Nadu Fisheries University, Nagapattinam 611 001. .. Respondents Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for records relating to the impugned proceedings issued by the second respondent in his proceedings in R.C.No.37089/M1/2012 dated 31.07.2014 and quash the same as illegal and consequently, direct the second respondent to relieve the petitioner from the post of Fisheries. For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.A.Kumar, Spl.Govt.Pleader O R D E R
The petitioner is a Post Graduate in Fisheries Science (Fish Genetics and Bio-Technology) and also passed National Eligibility Test and is eligible for the post of Assistant Professor. He joined in the fourth respondent department as Inspector of Fisheries through an examination conducted by the TNPSC in the year 2013.
2. In March, 2014, the fifth respondent called for application for the post of Assistant Professor and the petitioner applied for that post through proper channel, namely, the fourth respondent and the fourth respondent also issued No Objection Certificate for applying and attending the interview by the petitioner for the post of Assistant Professor. The petitioner attended the interview and she was selected for the post of Assistant Professor and appointment order was issued in favour of the petitioner, dated 9.7.2014. Therefore, as per the appointment order, she has to join duty before the Director, Institute of Fisheries Technology, Ponneri, Chennai. She has to attend duty within 30 days by producing relieving order from the erstwhile department where the petitioner was working earlier. Therefore, the petitioner made a request to the second respondent to relieve her from the post of Inspector of Fisheries through proper channel, namely, the fourth respondent and the fourth respondent also favourably forwarded the same to the third respondent and the second respondent without considering the prospects of the petitioner passed the impugned order stating that due to dearth of hands of Inspector of Fisheries, the request of the petitioner cannot be considered, and the same is challenged in this Writ Petition.
3. It is submitted by the learned counsel appearing for the petitioner that having permitting the petitioner to attend the interview by giving No Objection Certificate, the second respondent ought to have issued relieving order and future prospects of the petitioner cannot be denied on the ground that there is dearth of hands in the post of inspector of Fisheries and therefore, the petitioner cannot be relieved.
4. The learned Special Government Pleader appearing for the respondents circulated the instruction given by the second respondent wherein it has been stated that 91 posts are vacant in the cadre of Inspector of Fisheries out of 133 posts sanctioned to the department and necessary steps were taken to fill up the posts and without the petitioner, it is difficult for them to carryout the departmental schemes and therefore, in view of administrative reasons and welfare of the department, the request of the petitioner cannot be considered. He, therefore, submitted that the second respondent is not in a position to relieve the petitioner as it would affect the department of Fisheries.
5. I am unable to accept the contention of the learned Special Government Pleader. As stated supra, the petitioner was qualified to be considered for the post of Assistant Professor and he applied for the post after getting No Objection Certificate from the second respondent and she was also permitted by the respondents 2 to 4 to attend the interview. Therefore, the second respondent cannot refuse to give relieving order on the ground that there is dearth of hands in the cadre of Inspector of Fisheries and the petitioner cannot be relieved. Even as per the instruction given, against the total sanctioned strength of 133 posts of Inspector of Fisheries, 91 posts are vacant. By relieving the petitioner, nothing would deteriorate in the department of fisheries as already 91 posts are vacant. Further, the second respondent cannot prevent the petitioner from joining the post as the petitioner had applied for that post after getting No Objection Certificate from respondents 2 to 4.
6. Hence, the Writ Petition is allowed and the second respondent is directed to issue relieving order to the petitioner immediately on production of this order and if the second respondent is not giving relieving order, it is open to the petitioner to produce this order and join duty. No order as to costs. The connected Miscellaneous Petitions are closed.
26.08.2014
Index :Yes / No
Internet :Yes / No
asvm
Note to Office:
Issue order copy on 27.08.2014
To
1.The Secretary to Government,
Department of Animal Husbandry,
Dairying and Fisheries,
Tamilnadu Secretariat,
Chennai 600 009.
2.The Commissioner of Fisheries,
Administrative Office Buildings,
Teynampet, Chennai 600 006.
3.The Assistant Director of Fisheries,
No.5, S.V.Complex,
Veerapapalaym Pirivu,
Perunthurai Road, Erode.
4.The Deputy Director of Fisheries (Regional),
Dam Road, Bhavanisagar 638 451,
Erode District.
5.The Registrar,
Tamil Nadu Fisheries University,
Nagapattinam 611 001.
R.S.RAMANATHAN,J.
(asvm)
W.P. No.22696 of 2014
and
M.P.Nos.1 to 3 of 2014
26.08.2014