G T THANGARAJAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner, praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the selection of the third respondent by the Appointment Committee of the second respondent Corporation, as recommended by the second respondent in his proceedings Po.Thu.Na.Ka.No.E2/63691/99 dated 17.6.2003 as Additional Health Officer, quash the same and direct the respondents to consider the petitioner for the post of Additional Health Officer.

(2.) THE case of the petitioner is that he joined as Assistant Health Officer on 16.6.1989; that when the post of Health Officer becomes vacant, the Additional Health Officer has to be given in-charge; that since the post of Health Officer and that of Additional Health Officer became vacant in the respondent, though he was No.4 in the seniority list of Assistant Health Officer, he was given Health Officer in-charge on 20.12.2001, because the three seniors above him were not free from disciplinary proceedings either facing charge memo. or memo. calling for explanation; that out of 11 persons, working as Assistant Health Officer, in which Dr.K.V.Srinivasalu No.1, the third respondent is No.2, Dr.Krishna No.3 and the petitioner herein is No.4; that whenever any panel is drawn, they have to consider the record of service for the past five years from the Crucial Date i.e. 1.4.2002; that the third respondent herein is No.2 in the panel was having punishment of Censure issued on 16.3.2000 and a number of memos. and allegations were leveled against him for non submission of proper accounts for huge sums of money, namely to the tune of Rs.8.6 lakhs, and Rs. one lakh, for which, charges were pending before the Commissioner for approval; that since there are absolutely no remarks or allegations against the petitioner he has also been recommended for the post of Assistant Health Officer; that when the post has to be filled up on merits and on ability basis as per the Rules and instructions issued by the Government, the seniority is only a tilting factor and not a deciding factor, and the deciding factor is merit and ability in this case; that the selection of the third respondent for the post of Additional Health Officer is without any merit and hence it is liable to be set aside. On such averments, the petitioner would pray for the relief extracted supra.

(3.) IN the above facts and circumstances of the case, this Court is of the view that since question of merit and ability is not at all in competition for consideration among the candidates of whom the panel has been drawn and no one could be maligned in contemplation of any disciplinary or such other proceeding in future, this Court does not find any reason to cause its interference into the impugned order passed by the 2nd respondent based on the recommendations of the Appointment Committee thereby selecting the third respondent for the post of Assistant Health Officer in a well considered and merited manner and hence, this writ petition does not merit acceptance but only becomes liable to be dismissed and hence the following order: IN result, for the foregoing reasons assigned, this writ petition does not merit acceptance and is dismissed as such. No costs.