IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. RAMESH, J.
P. Rajakumaran - Appellant
Versus
The Union Territory of Pondicherry - Respondent
W.P. No. 13448 of 2021, W.M.P. No. 14326 of 2021
Decided On : 19-03-2025
| Table of Content |
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| 1. court's role and tribunal's order details. (Para 1 , 2) |
ORDER :
1. It is brought to our notice that as against the prayer sought for before the Tribunal, a batch of writ petitions were filed before this Court in WP.No.13108 of 2021 etc. batch, in which, a Co-ordinate Bench of this Court had passed final order on 07.11.2024, in the following manner:
1. Under assail is the order dated 01.10.2019 and 23.03.2020 passed by the Central Administrative Tribunal, Chennai Bench in Miscellaneous Application No.55 of 2020 in O.A.Nos. 1491/11, 1536 / 11, 267/12, 368/12, 89/13 and OA 413/2013.
2. The issues relating to the process of selection pertaining to the recruitment notification dated 28.06.2010 for appointment to the post of Deputy Tahsildar were considered by the Tribunal and final order had been passed on 01.10.2019 in batch of Original Applications issuing directions to the respondents.
3. The grievances of the Writ Petitioners before us is that, the order of Central Administrative Tribunal has been implemented in respect of all the candidates, who participated in the process of selection, which resulted in denial of opportunity to the applicants. The Tribunal's orders are not extended to all the candidates participated in the process of selection. Therefore, the Central Administrative Tribunal ought to have clarified its own final order passed in the batch of Original Applications on 01.10.2019. Since the Miscellaneous Applications seeking clarifications were rejected, the present Writ Petitions came to be instituted.
4. The recruitment notification dated 28.06.2010 was issued by the Government of Puducherry for appointment to the post of Deputy Tahsildar. The in-service candidates and candidates from open market participated in the process of selection. The selection process was concluded in the year 2010 for 20 vacancies were notified.
5. As per the learned Special Government Pleader (Puducherry), the selection process was concluded on 23.11.2010. The selected candidates were appointed in the year 2010 itself. All the appointed candidates are now serving in the post of Deputy Tahsildar for the past about 14 years.
6. For the purpose of considering the present Writ Petition, it would be sufficient, if the Miscellaneous Petition filed by the petitioners seeking clarification of the final order dated 01.10.2019 is entertainable or otherwise.
7. The Tribunal held that no clarification is required, since the final order is unambiguous.
8. Mr.Ravikumar Paul, learned Senior counsel appearing on behalf of few petitioners would submit that the Tribunal order is to be implemented only in favour of the applicants, who approached the Tribunal and not to all the candidates, who participated in the process of selection. The Tribunal in concluding Paragraph No.20, directed the respondents to complete the process of revaluation and publish the merit list of the applicants in the Original Applications. When a specific direction has been issued to conduct revaluation in respect of the applicants, filed applications before the Tribunal, the respondents had erroneously revaluated the answer sheets of all the candidates, who participated in the process of selection, which resulted in denial of opportunity to the applicants, approached the Central Administrative Tribunal, at the first instance.
9. The submission made by the learned Senior counsel is supported by the other respective learned Counsels appearing on behalf of the petitioners.
10. Mr.R.Syed Mustafa, learned Special Government Pleader appearing on behalf of the Government/Respondents relied on the status report filed by the Special Secretary, Revenue and Disaster Management, Puducherry. He would submit that the Authorities have implemented the orders of the Tribunal in its letter and spirit by revaluating the answer sheets of all the candidates participated in the process of selection. Once the Tribunal found that some of the questions are erroneous or wrong questions, the correct
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