M JAHUBER SATHIK Vs. CHAIRMAN TAMIL NADU UNIFORMED

JUDGEMENT

(1.) AS aspirant to a post in government servant is alleged to be a member of a Communal Organisation. Whether membership by itself is a disqualification for being considered to a post, by virtue of Rule 14(A) of the Tamil Nadu Government Servant's Conduct Rules, 1973, is the moot question for consideration.

(2.) IT is not in dispute that, subject to the exceptions, stated in sub-rule (2) of the rules, the conduct rules shall apply to all government servants, namely to every person appointed to Civil Services and posts in connection with the affairs of the State of Tamil Nadu whether permanent or temporary and whether on duty, leave or on foreign service.

(3.) REFERRING to Rule 14-A of the Tamil Nadu Government Servants Conduct Rules 1973, the Director General of Police, Prisons, Government of Tamil Nadu has submitted that since the petitioner, is a member and branch secretary of TMMK Vadakku Soorankudy, a communal organization, he is not eligible for appointment to the post of Grade-II Jail Warden in Prison Department. For the aforesaid reasons, he prayed for dismissal of the writ petition.