K INDIRANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) SEEKING a writ of certiorarified mandamus, the petitioner one Mrs.Indirani, has brought forth this petition to quash the order of the second respondent namely the Principal District Judge, Erode, and also to issue a direction for the appointment of the petitioner in any suitable vacancy in the Courts at Erode District.

(2.) AFFIDAVIT in support of the petition is perused. The Court heard the learned Counsel for the petitioner, learned Special Government Pleader for the first respondent and also the learned Counsel for the second respondent.

(3.) ON the earlier occasion, when such a situation arose, the Bench considered the same and passed the order in WP Nos.9710 and 10189 of 2009. The observations made in (i) and (ii) of paragraph 21 of the said order would clearly indicate that the persons who were selected by the TNPSC and allotted to different districts for being appointed in the judicial ministerial service shall be appointed against the vacancies available as per the merit list and in accordance with law, and if there is any surplus, only then consideration for appointment from the persons who are temporarily appointed and working there, would arise. In the instant case, it is brought to the notice of the Court by the Special Government Pleader for the first respondent that there were actually no vacancies available and those persons were found surplus, which necessitated the ousting of the petitioner and others. Apart from that, the learned Special Government Pleader also brought to the notice of the Court that pursuant to the orders already made by this Court in the writ petitions, already a communication has been addressed to the District Collector of Erode along with a list of persons who were appointed temporarily under Rule 10(a)(i) as Junior Assistants and Typists respectively, and it is also pending consideration in the hands of the District Collector. ONce there is no vacancy available and the persons who were actually found to be surplus including the petitioner, were ousted, and apart from that, a letter has also been sent to the Collector for filling up the vacancies available in the Collectorate, no question of consideration of the request of the petitioner would arise. Under the circumstances, this writ petition has no legs to stand, and accordingly, the same is dismissed. No costs. Consequently, connected MP is also dismissed.