S S SEETHAVASAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is working in the Audit Wing of the Hindu Religious and Charitable Department filed the present Writ Petition, challenging an order of the Commissioner for Hindu Religious and Charitable Endowments Department dated 29.5.2011. By the impugned order, the 2nd respondent Commissioner of Hindu Religious and Charitable Endowments informed the petitioner that proposals were sent for amending the Special Rules to enable even the personnel in the Audit Department to apply for direct recruitment to the post of Assistant Commissioner and the State Government had not accepted the same by communication dated 16.12.2010 and therefore the petitioner, who was working as an Audit Inspector in the Madurai Region cannot be permitted to write the examination for direct recruitment to the post of Assistant Commissioner and he will not be issued with the Service Certificate and the Madurai (South) Regional Audit Officer has been informed accordingly.

(2.) THE contention of the petitioner is two-fold. THE Notification issued by the TNPSC calling for applications for the post of Assistant Commissioner in Notification No.274 merely states that a person, who is an aspirant for the post of Assistant Commissioner must have put in not less than 6 years in the post of Executive Officer Grade I/Grade II/Grade III/Grade IV/Inspector/Head Clerk/Manager/ Superintendent in the Tamil Nadu Hindu Religious and Charitable Endowments Administration Department and the petitioner inasmuch as Inspector of the Audit Wing of the Department is entitle to apply for the post. THErefore, it is unreasonable on their part to deny permission to the petitioner to write the examination.

(3.) IT is now claimed that as against the final order passed by this Court in the case of S.P.Shanthi, a Writ Appeal was filed in W.A.No.302 of 2011. Since the Writ Appeal is pending consideration by the Division Bench, the petitioner's earlier Writ Petition No.776 of 2010 was also posted along with the Writ Appeal. Even while these matters are pending before the Division Bench, the petitioner has once again come with the similar plea in respect of the subsequent notification, namely the Notification No.274 dated 16.4.2011.