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Madras High Court

Hari Prasad C vs C.Ramesh on 9 September, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                                W.A.No.2631 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 09.09.2024

                                                     CORAM :

                            THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
                                                         and
                                   THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
                                                W.A.No.2631 of 2023
                                             and CMP.No.22145 of 2023

                     Hari Prasad C.                                     .. Appellant

                                                               Vs

                     1.C.Ramesh

                     2.The Chairman,
                       TNPSC, TNPSC Road,
                       Chennai.

                     3.The Secretary & Controller of Examinations,
                       The Tamilnadu Public Service Commission,
                       TNPSC Road, Chennai-3.

                     4.Additional Director General of Police
                       Headquarters,
                       O/o. Director General of Police,
                       Mylapore, Chennai-600 004.                         ..Respondents

                     PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against
                     the order dated 21.07.2023 made in W.P.No.23394 of 2019.


                                                          1


https://www.mhc.tn.gov.in/judis
                                                                                          W.A.No.2631 of 2023



                                  For Appellant      : Mr.S.Namasivayam,

                                  For Respondents : Mr.N.Subramaniyan for R1
                                                    Mr.R.Bharanidharan,
                                                        Standing Counsel for TNPSC for R2 & R3
                                                   Mr.P.Kumaresan, Additional Advocate General
                                                        assisted by
                                                     Mr.S.Yashwanth, Additional Govt.Pleader
                                                        for R4
                                                            ----
                                                       JUDGMENT

(Judgment of the Court was made by the Hon'ble Acting Chief Justice) By consent, this Writ Appeal is taken up for final disposal.

2. The third respondent in the writ petition is the appellant herein. This Writ Appeal has been filed as against the order of the Writ Court dated 21.07.2023 made in W.P. No.23394 of 2019. According to the appellant, the workshop experience certificate produced by the first respondent / writ petitioner was not accepted by TNPSC/ respondents 2 and 3 and it was put to challenge in the writ petition, wherein the Writ Court, after contest on the merits of the case, directed the respondents 2 and 3 to call the first respondent for an oral test and consider his selection to the post of Automobile Engineer in the Police Transport Workshop cum Training 2 https://www.mhc.tn.gov.in/judis W.A.No.2631 of 2023 School, Avadi and Regional Police Transport Workshop, Tiruchirapalli, subject to the marks obtained by him in the oral test / interview. It was also made clear by the Writ Court that in the event of the first respondent surpassing the overall total obtained by the appellant after the oral interview is conducted, then the first respondent shall be appointed to the post of Automobile Engineer and the selection of the appellant shall stand quashed. The order of the Writ Court was challenged by the third respondent in the writ petition in the instant writ appeal.

3. The learned counsel for the appellant would submit that the appellant though got selected to the post of Automobile Engineer in the Police Transport Workshop, he resigned from the post of Automobile Engineer and joined in the Tamil Nadu Motor Vehicle Maintenance Department and therefore, he was not prosecuting the present writ appeal, however he seeks for counting of his service rendered in the Police Transport Workshop for the purpose of monetary benefits. 3 https://www.mhc.tn.gov.in/judis W.A.No.2631 of 2023

4. To that extent, it is open to the appellant to seek his remedy before the authorities concerned seeking for counting of the service as Automobile Engineer in the Police Transport Workshop for the purpose of monetary benefits.

5. This Writ Appeal stands disposed of with the above liberty. No costs. Consequently, connected miscellaneous petition is closed.

                                                                       [D.K.K., A.CJ.]      [K.B.J.]
                                                                                    09.09.2024
                     Internet: Yes/No
                     Index : Yes/No
                     Jvm

                     To
                     1.The Chairman,
                       TNPSC, TNPSC Road,
                       Chennai.

2.The Secretary & Controller of Examinations, The Tamilnadu Public Service Commission, TNPSC Road, Chennai-3.

3.Additional Director General of Police Headquarters, O/o. Director General of Police, Mylapore, Chennai-600 004.

4 https://www.mhc.tn.gov.in/judis W.A.No.2631 of 2023 THE HON'BLE ACTING CHIEF JUSTICE and K.KUMARESH BABU, J.

Jvm W.A.No.2631 of 2023 09.09.2024 5 https://www.mhc.tn.gov.in/judis