A. BALAMURUGAN Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner has approached this Court for issuance of writ of certiorarified mandamus calling for the records relating to the Notification No. 229 dated 17.2.2010 issued by the 1st respondent as published in the Tamil Daily Dinakaran (Trichy Edition) on 17.2.2010 and quash the same to the extent it has included one vacancy in the post of Assistant Geologist, which arose in the year 2009 due to S. Sridharan leaving service and consequently, direct the respondents to appoint the petitioner as Assistant Geologist with effect from 2009 when S. Sridharan left service, with continuity of the petitioner's previous service as Assistant in the Department of Medical and Rural Health Service, with due seniority, arrears and all other consequential benefits. Brief facts of the case are as follow:--

(2.) The Deputy Secretary of the Tamil Nadu Public Service Commission, 1st respondent herein, filed a counter-affidavit and stated that the Commission in its Notification/Advertisement No. 114 dated 18.6.2007 invited applications from candidates for filling up 21 vacancies in the Post of Assistant Geologist in Geology and Mining Department in Tamil Nadu Geology, and Mining Subordinate Service. The selection process consists of two stages viz. Competitive written examination and oral test and then the final selection was to be made, The written examination was conducted on 23.9.2007 and the Oral test was conducted on 26.11.2007. Thereafter, the list of selected candidates were drawn up. It is further stated that subsequently, the Commission had notified 4 vacancies in the post of Assistant Geologist in the Geology and Mining Department in its notification No. 229 dated 17.2.2010 for direct recruitment for the year 2009-2010. The written examination was conducted on 25.7.2010 and that selection process is in progress. As regards the earlier notification, it is stated that out of 21 vacancies notified, one vacancy was kept vacant as per the order of this Court in W.P. No. 34182 of 2007 filed by Thiru. R. Sathiyaseelan, and the remaining 20 posts came to be filled up by the selected candidates. It is further submitted that though all the 20 candidates initially joined the service initially, one candidate by name S. Sridharan, the 4th respondent herein, belonging to backward community, resigned his job later. His resignation was accepted and he was relieved from duty with effect from 3.9.2008. Thereafter, the said Sridharan had filed a writ petition in W.P. No. 14605 of 2010 to consider his request for withdrawal of his resignation and to reinstate him in the post of Assistant Geologist. As the said writ petition is pending, the question of substituting the petitioner in the place of S. Sridharan does not arise.

(3.) The Commissioner of Geology and Mining, the 2nd respondent herein, has filed a counter-affidavit inter alia contending that the vacancy that arose by the resignation of S. Sridharan is already under challenge before this Court in W.P. No. 14605 of 2010. Further, the Government in G.O. No. 2 (D) No. 90 Industries Department dated 5.12.2007 sanctioned a separate exploration wing in the office of the Commissioner of Geology and Mining with headquarters at Chennai which consists of 9 posts, of which 4 posts relate to Assistant Geologists and to fill up these four posts only a letter was sent on 29.9.2008 by the 2nd respondent to the 1st respondent. Therefore, the contention of the petitioner that the notification issued on 17.2.2010 includes the vacancy caused due to the resignation of S. Sridharan is not correct. The 3rd and 4th respondents, private parties, have individually filed their counter-affidavit reiterating their contentions.