IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED; 7.2.2008 CORAM; THE HONOURABLE MR.JUSTICE P.K.MISRA and THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.42190 of 2002 and WPMP No.62290 of 2002 N.Srinivasan ..Petitioner vs 1.The Govt. of Tamilnadu, rep. by its Secy., Information and Tourism Department Fort St.George Chennai 9 2.The Tamilnadu Public Service Commission rep. by its Secy., Govt., Estate, Chennai 2 3.The Director of Information and Public Relations, Chennai 9 4.The Principal, Film and Television, Institute of Tamilnadu, Chennai 113 5.The Registrar Tamilnadu Administrative Tribunal Chennai 600 104 ..Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for records relating to the 5th respondent's proceedings (order) made in O.A.No.992/1991 dated 23.10.2002, to quash the same and consequently direct the respondents to consider and appoint the petitioner/applicant as Head of Section (Cinemotography) with all consequential benefits both arrears and prospective, from the date on which the applicant became eligible as per Service Rules. for petitioner : Mr.L.Chandrakumar https://hcservices.ecourts.gov.in/hcservices/ for respondents : Mr.M.Dhandapani Special Govt.Pleader (for R1 and R3) Mr.C.N.G.Ezhilarasi (for R2) ORDER (Order of the Court was made by P.K.Misra.J.) Heard Mr.L.Chandrakumar, learned counsel for the petitioner and Mr.M.Dhandapani, learned Special Government Pleader for respondents 1 and 3 and Ms.C.N.G.Ezhilarasi learned counsel for the respondent No.2. 2. The question relates to filling up of the post of Head of Department in Cinematography in the Film and Television Institute of Tamilnadu. 3. The present petitioner had filed O.A.No.992/1991 challenging the notification issued by the Government seeking recruitment by process of direct recruitment. Such matter remained pending for long period and ultimately before the Tribunal the respondents for filed a counter stating that the case of the applicant before the Tribunal (present petitioner) would be considered. Recording such averments in the counter affidavit the Tribunal dismissed the Original Application stating that the decision will be governed by the rules. Thereafter, the present writ petition has been filed. A counter affidavit has been filed and paragraphs 5,6, and 7 of the counter are extracted as under. "5.It is submitted that the petitioner herein was not qualified for the above post at the time of issuance of Notification No.46/90 by the Tamil Nadu Public Service Commission as well as the time of filling the Original Application, since he joined duty as Lecturer in M.G.R.Government Film and Television Institute only on 29.9.89. Now he satisfies the prescribed experience qualification for the post Head of Section Cinematography. It has now been decided to make appointment to the post of Head Section (Cinematography) with the departmental candidate instead of appointment by direct recruitment through the Tamil Nadu Public Service Commission. 6. It is submitted that the Tamil Nadu Public Service Commission and also concurred with the views of the department and requested the department to https://hcservices.ecourts.gov.in/hcservices/ take steps to withdraw the Original application No.992 of 1991 pending before the Hon'ble Tamil Nadu Administrative Tribunal and to send necessary proposal to the Tamil Nadu Public Service Commission to withdraw the vacancy in the said post and they to send necessary proposal for appointment of the first respondent as Head of Section (Cinematography) by placing the same before the Departmental Promotion committee for deciding the fitness of the individual to the above said post. Since the Original Application No.992 of 1991 was dismissed by the Hon'ble Tamil Nadu Administrative Tribunal, The Secretary, Tamil Nadu Public Service Commission has been requested to withdraw the vacancy Notification for the post of Head of Section (Cinematography) vide this Department Letter No.35378/Admn.I/95-33, dated 10.12.2002. After receipt of the withdrawal Notification, necessary proposal for the appointment of the petitioner for the post of Head of Section will be placed before the Departmental Promotion Committee. 7. It is submitted that as per rule 4 of statutory Service rules under Appendix-I Annexure VII of Fundamental Rule of the Tamil Nadu Government retrospective Promotion cannot be given to the applicant. Hence it has been proposed to consider the prayer of the applicant for promotion to the post of Head of Section (Cinematography) by the respondents, subject to the condition that the same cannot be given with retrospective effect from 29.02.94 as per the rules in force." In view of the present stand taken by the respondents 1,3 and 4, we do not find there is any necessity for issuing any further direction. 4. The writ petition is accordingly disposed of. No costs. Consequently, connected pending W.P.M.P.No.62290/2002 is also disposed of. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. sal https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary Govt. of Tamilnadu, Information and Tourism Department Fort St.George Chennai 9 2.The Secretary Tamilnadu Public Service Commission Govt., Estate, Chennai 2 3.The Director of Information and Public Relations, Chennai 9 4.The Principal, Film and Television, Institute of Tamilnadu, Chennai 113 1 cc to Mr.L. Chandrakumar, Advocate, Sr. 6648 1 cc to Government Pleader, sr. 6251 W.P.NO.42190/2002 & WPMP No.62290/2002 AKR (CO) kk 18/2 https://hcservices.ecourts.gov.in/hcservices/