SECRETARY, TAMILNADU PUBLIC SERVICE COMMISSION Vs. A.B. NATARAJAN
LAWS(SC)-2016-9-66
SUPREME COURT OF INDIA
Decided on September 15,2016

Secretary, Tamilnadu Public Service Commission Appellant
VERSUS
A.B. Natarajan Respondents

JUDGEMENT

ANIL R.DAVE,J. - (1.) THESE review petitions and applications have been filed by Tamil Nadu Public Service Commission and some of the employees of the State of Tamil Nadu, who had been appointed in Tamil Nadu State Services, but by virtue of the judgment dated 30th June, 2014 delivered by this Court in C.A.Nos.5877-5878/2014, confirming the judgment delivered by the High Court of Judicature at Madras in Writ Appeal Nos.1063 and 1287 of 2009 dated 4th March, 2011, their services are to be terminated.
(2.) THE case on hand has a chequered history, which has been narrated in the judgment dated 30th June, 2014 delivered by this Court in C.A.Nos.5877-5878/2014, which is sought to be reviewed and therefore, we do not narrate the facts once again.
(3.) SUFFICE it is to state that an examination was held by Tamil Nadu Public Service Commission for selecting candidates for certain Tamil Nadu State services and it was alleged that some irregularities had been committed in examining the answer books submitted by the candidates. In the circumstances, a petition was filed in the High Court of Madras challenging appointments of the candidates who had been finally selected. The said petition had been rejected by the learned Single Judge and the appeal filed against the order of rejection had been allowed, whereby services of some of the selected candidates had to be terminated. The said judgment of the Division Bench was confirmed by this Court by virtue of the judgment, which is sought to be reviewed by this Court. The learned counsel appearing for Tamil Nadu Public Service Commission, State of Tamil Nadu and the selected candidates submitted that the judgment is required to be reviewed for the reason that the selected candidates did not get due opportunity before the High Court to represent their case and the State of Tamil Nadu was not a party to the original litigation, though it ought to have been joined because the candidates who were admitted to the State services, whose services were sought to be terminated, had been appointed by the State of Tamil Nadu. It is also case of the applicants praying for review of the judgment that certain methods, which had been adopted by the High Court while coming to the final conclusion arrived at, by virtue of the judgment delivered by the Division Bench, were not proper and therefore, the selection made by Tamil Nadu Public Service Commission should not have been set aside, especially when all the candidates who had been selected by Tamil Nadu Public Service Commission and who had been appointed to different State services by the State of Tamil Nadu were in service for more than 7-8 years with due efficiency and their effectiveness as officers was never questioned even by their superiors or by the State of Tamil Nadu. It was also submitted that grave injustice would be caused to those officers working for several years as their services will be terminated and they will not get any chance to get any employment elsewhere as they have already crossed the age limit for applying for any other government post by virtue of afflux of time and that too for no fault on their part.;


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