LAWS(MAD)-2025-1-157

GOVERNMENT OF TAMIL NADU Vs. S. RAJAN

Decided On January 30, 2025
GOVERNMENT OF TAMIL NADU Appellant
V/S
S. Rajan Respondents

JUDGEMENT

(1.) This intra-Court appeal has been directed against the common order passed by the Writ Court dtd. 1/3/2024 made in W.P.Nos.29880 and 19882 of 2022.

(2.) The Tamil Nadu Public Service Commission [for brevity, herein after referred to as "the TNPSC"] has issued a notification for Direct Recruitment to the post of Assistant Public Prosecutor (Grade II) for the year 1998-2002. Both the writ petitioners applied for the post of Assistant Public Prosecutor Grade II. Totally fifty three candidates were selected to the said post and the writ petitioners were placed in the reserved list. Thereafter, though three selected candidates failed to join and since vacancies arose, immediately, the reserve list has not been operated by giving appointment to the writ petitioners.

(3.) Therefore, the writ petitioners and another approached the Writ Court by filing W.P.Nos.6085, 9823 and 11234 of 2004. The Writ Court, by orders dtd. 27/4/2006 and 21/6/2006, allowed those writ petitions by giving directions to the Department to appoint the writ petitioners in the resultant vacancies. However, the said judgment of the Writ Court was challenged at the instance of the Department by way of an intra-Court appeal in W.A.No.891 to 893 of 2007 and these writ appeals also were dismissed. As against the same, an attempt has been made by the Government to prefer a Special Leave Petition, where also, they failed before the Hon'ble Supreme Court of India.