A public interest litigation is not maintainable in service matters.

W.P.No.292 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2023

CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.292 of 2023

V.Murthy

Founder,

Vanniyakula Shatriyar Matrum Nalivutror Kalvi

Samuga Mempattu Peravai,

3, Sami Street, Muthalamman Koil Complex,

Ranipet-632 401, Ranipet District.

.. Petitioner-in-

Person

Vs

1.The Chief Secretary,

The Government of Tamil Nadu,

Fort St. George, Secretariat,

Chennai-600 009.

2.The Additional Chief Secretary to Government,

Revenue and Disaster Management,

Chief Secretariat,

The Government of Tamil Nadu,

Fort St. George, Secretariat,

Chennai-600 009.

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W.P.No.292 of 2023

3.The Principal Secretary to Government,

Co-operation Food and Consumer Protection Dept.,

Chief Secretariat,

The Government of Tamil Nadu,

Fort St. George, Secretariat,

Chennai-600 009.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India

seeking issuance of a writ of certiorarified mandamus calling for the

records pertaining to the order made in G.O.No.574/17.10.2020 issued

by the second respondent and the G.O.No.108/23.09.2022 issued by

the third respondent and quash the same and further for a

consequential directions to the State Government to fill up the above

vacancies through the Tamil Nadu Public Service Commission in

accordance with Constitution by conducting an open competition giving

equal opportunities to all qualified citizens.

For the Petitioner

: No Appearance

For the Respondents

: Mr.R.Shunmugasundaram

Advocate-General

assisted by

Mr.P.Balathandayutham

Spl. Government Pleader

and Ms.Sheena

for respondent Nos.1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice)

There is no representation on behalf of the petitioner.

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W.P.No.292 of 2023

2. The petitioner has filed this writ petition, styled as a public

interest litigation, seeking issuance of a writ of certiorarified

mandamus to call for the records pertaining to the order made in

G.O.No.574, dated 17.10.2020 issued by the second respondent

and the G.O.No.108, dated 23.09.2022 issued by the third

respondent and quash the same and to further direct the State

Government to fill up the above vacancies through the Tamil Nadu

Public Service Commission in accordance with Constitution by

conducting an open competition giving equal opportunity to all

qualified citizens.

3. It is trite law that no public interest litigation shall be

entertained in service matters. In Duryodhan Sahu v. Jitendra

Kumar Mishra, (1998) 7 SCC 273, a Three-Judge Bench of the

Supreme Court held that a public interest litigation is not

maintainable in service matters. It is observed in paragraph (18)

of the judgment supra, as under:

“18. ... If public interest litigations at the instance of

strangers are allowed to be entertained by the

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W.P.No.292 of 2023

Tribunal, the very object of speedy disposal of

service matters would get defeated.’

4. The petitioner, being a stranger, we hold that he cannot

maintain a public interest litigation in the light of the decision of

the Apex Court in Duryodhan Sahu v. Jitendra Kumar Mishra,

supra.

5. The aforesaid view was reiterated by this Court in the order

dated 13.12.2022 passed in W.P.No.33260 of 2022 [A.P.Gowdhama

Sidharthan v. The State of Tamil Nadu], in which the Acting Chief

Justice was a member.

For the foregoing reasons, the writ petition is dismissed.

There will be no order as to costs. Consequently, W.M.P.Nos.308

and 309 of 2022 are closed.

(T.R., ACJ.) (D.B.C., J.)

09.01.2023