V. Gopal v. Principal Secretary/State Commissioner, Commissioner for the Differently Abled Persons, Chennai
2015-04-13
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
Judgment :- 1. The petitioner was appointed/promoted as PG Assistant in the Government Higher Secondary School for the Blind, vide proceedings dated 24.12.1991. His appointment was challenged by one P.Ganaselvaudayakumari before the Tamil Nadu Administrative Tribunal. The Tribunal upheld the appointment of the petitioner. As against the said order, the said P.Ganaselvaudayakumari filed a writ petition before this Court. This Court set aside the appointment of the petitioner as PG Assistant (Political Science). The petitioner, therefore, took up the matter before the Apex Court in Civil Appeal No.7390 of 2011 (Arising out of SLP (civil) No.20405 of 2008). 2. The Apex Court in Paragraphs 11 and 12 held as follows:- "11. ...We, therefore, feel that the whole process of selection and appointment was quite irregular and unsatisfactory and in those circumstances, we are unable even to sustain the appointment of the appellant to the post of P.G.Assistant (Political Science). We, accordingly, direct the concerned authority to take fresh steps for filling up the said post in accordance with the rules. The process of selection and appointment must be completed within three months from today. Needless to say that every eligible candidate for the post on the date of the notice for appointment would be entitled to make application and selection will be made in accordance with the rules. 12. Since the appellant is working on the post for the past about 20 years, he would continue on it till a fresh appointment is made, as directed above." 3. According to the petitioner, thereafter, he got selected to the post of PG Assistant (Political Science). The petitioner has come up with this writ petition seeking to regularise his fresh appointment with effect from the date of his initial appointment as P.G.Assistant on 26.12.1991. 4. I am of the view that the petitioner cannot seek a direction to regularise his service from 26.12.1991 in view of the aforesaid findings of the Apex Court. Hence, I am not inclined to issue a direction as sought for by the petitioner as the same was set aside by the Division Bench of this Court and upheld by the Apex Court. 5. For all the aforesaid reasons, the writ petition fails and accordingly, the same is dismissed. No costs.