IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 02.01.2024 PRONOUNCED ON : 05. 01.2024 CORAM:

THE HON'BLE Dr. JUSTICE D.NAGARJUN W.P.No.28859 of 2015 and M.P.No.1 of 2015 A.Anandharaja ...Petitioner versus

1. The Chief Secretary, State Government of Taminadu, Fort St.George, Secretariate, Chennai-600 009. 2. The Chariman, Tamil Nadu Public Service Commission, Fazed Bride Road, V.O.C., Nagar, Chennai-600 003. ... Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to permit the petitioner to attend the counselling to be held on in future and select and appointment him as Village Administrative Officer in the Tamil Nadu Ministerial Service under Ex-Service category by taking into consideration of Office Memorandum dated 23.11.2012 of the Director (Personnel), Government of India, Ministry of Home Affairs, Police Division-II (Resettlement and Welfare Directorate).

For Petitioner : Mr.L.Chandrakumar for Mr.K.Lavan For Respondents : Mr.S.Ravikumar Special Government Pleader for R1 : M/s.G.Hema for R2 ORDER This Writ Petition is filed seeking Writ of Mandamus to direct the respondents to permit the petitioner to attend the counselling to be held in future and select and appoint him as Village Administrative Officer in the Tamil Nadu Ministerial Service under Ex-Service category by taking into consideration of Office Memorandum dated 23.11.2012 of the Director (Personnel), Government of India, Ministry of Home Affairs, Police Division-II (Resettlement and Welfare Directorate).

2. During the course of pendency of the Writ Petition, the relief portion was amended to the effect that the petitioner be considered for counselling to be held in future recruitment and select and appoint him as Village Administrative Officer.

3. The facts in brief as per the affidavit enclosed to this Writ Petition are that the petitioner passed his XII standard in the year 1988 and joined as Constable at Border Security Force (BSF) on 26.08.1992. under the control of Ministry of Home Affairs, Government of India. Petitioner worked for 20 years and voluntarily retired from service on

31.12.2012.

4. On 23.11.2012, the Director (Personnel), Government of India, Ministry of Home Affairs, Police Division-II (Resettlement and Welfare Directorate) has issued a office memorandum stating that Cabinet Committee on security has approved the proposal of this Ministry to declare retired Central Armed Police Force Personnel from Central Reserve Police (CRPF), Border Security Force (BSF), Central Industrial Security Force(CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal(SSB) as “Ex-Central Armed Police Force Personnel”(Ex- CAPF Personnel) be extended suitable benefits in line to the benefits extended to the Ex-Servicemen by the State/UT Governments to Ex- Servicemen of Defence Forces. The said communication was sent to all State Governments including the first respondent.

5. The second respondent has notified the vacancy for the post of Village Administrative Officer in the Tamil Nadu Ministerial Service 2013-14 vide notification dated 17.03.2014. The total number of vacancies notified were 2342. The petitioner has applied for the said post through online under Ex-Servicemen Category. As per notification 5% i.e., 177 seats are reserved for Ex-Servicemen category. The petitioner secured 156 marks out of 300 and his rank under Ex-Servicemen category was 154. He was asked to appear before the second respondent on 10.09.2015 at 10.00 a.m., for certificate verification. However, the second respondent did not consider the petitioner's candidature under Ex- Servicemen Category and asked to approach the first respondent. The petitioner requested the first respondent office to issue certificate that he is Ex-Servicemen on basis of the official memorandum issued by the Government of India, however it was not issued. The petitioner has sent a representati